In what situations may the court deliver its judgment without hearing the accused's statement?
General information · Not legal advice
Material to check
In a practice file, we read the hearing record and the attendance sheet to see whether the accused was present and whether any statement was taken, the presiding judge's order removing the accused for maintaining order, and any paper showing permission for the accused to leave.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the three situations separately: judgment without the accused's statement is permitted where the accused makes no statement, or leaves the courtroom without the presiding judge's permission, or is ordered to leave under an order for maintaining order, each being enough on its own.
Another reading notes that the word 'may' leaves the decision with the court rather than making it automatic, and the provision does not say what follows if the accused returns to court and asks to be heard before the judgment is given.
Your judgment
If the record shows the accused left the courtroom before judgment, what in the file could show whether the presiding judge's permission had been given before the accused left?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add or narrow the situations in which judgment may be given without the accused's statement, or if a court decision explains what an unpermitted departure or an order for maintaining order costs the accused in the rest of the proceedings.