At the selection hearing in a citizens' participation trial, who must appear before the court, and may the accused enter the courtroom at all?
General information · Not legal advice
Material to check
In a practice file, read the court's notice of the selection hearing and the proof that the court notified the prosecutor, the accused and defence counsel, and the hearing minutes showing who actually appeared and whether the accused was given permission to attend.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duties in order: the court must notify the prosecutor, the accused or defence counsel of the selection hearing, and once notified the prosecutor and defence counsel must attend it, so an unexplained absence by either is a departure from the duty the provision states.
Another reading turns on the word 'may' for the accused: the accused may attend only 'with the permission of the court', so the provision leaves open what the court weighs when granting it, and it sets out no consequence for the accused's absence or for the prosecutor's.
Your judgment
If the minutes show the accused was present but the file holds no ruling granting permission, how could the accused establish that the court did grant it?
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 change who must attend or the standard for permission, or if a court decision states what record proves the notification or the permission.