Under the Criminal Procedure Act, when may a criminal trial proceed while the detained accused stays away, and whose views must the court hear first?
General information · Not legal advice
Material to check
For a practice file of this kind, we read the detention order showing the accused is held, the record noting that the accused refused to appear and any reason given, the court's note on whether prison officers could bring the accused in, and any statements by the prosecutor and defence counsel on proceeding without the accused.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading stacks every condition the provision attaches: the trial cannot be opened without the accused being present, the accused is detained, refuses to attend without a just reason, and bringing the accused in through prison officers is impossible or manifestly difficult; only then may the trial proceed in the accused's absence, and the court must hear the views of the prosecutor and defence counsel who are present.
Another reading highlights what the provision does not settle: it allows the trial to proceed once those conditions are met, but says nothing about how much of the trial may then be conducted in the accused's absence or what record of the prison officers' difficulty would satisfy the court.
Your judgment
If the accused gives a reason for refusing to attend, how could the file show whether that reason is a just one under the provision?
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 the conditions for proceeding in the accused's absence, or if a court decision sets out when bringing a detained accused in is treated as impossible or manifestly difficult.