PART VI - PROCEDURE IN TRIALS BEFORE MAGISTRATES’ COURTS


185 Non-appearance of complainant at hearing

(1) If, in any case which a magistrate’s court has jurisdiction to hear and determine, the accused person appears in obedience to the summons served upon him at the time and place appointed in the summons for the hearing of the case, or is brought before the court under arrest, then, if the complainant, having had notice of the time and place appointed for the hearing of the charge, does not appear by himself or by his advocate, the court shall dismiss the charge, unless for some reason it shall think it proper to adjourn the hearing of the case until some other date, upon such terms as it shall think fit, in which event it may, pending such adjourned hearing, either admit the accused to bail or remand him to prison, or take such security for his appearance as the court shall think fit.

(2) The expression “advocate” in this section and in sections 187 and 189 shall in relation to a complainant include a public prosecutor.

ART VI - PROCEDURE IN TRIALS BEFORE MAGISTRATES’ COURTS

186 Court may proceed with hearing in absence of accused in certain cases

Notwithstanding the provisions of section 179, if an accused person charged with any offence punishable with imprisonment for a term not exceeding 6 months or a fine not exceeding $100 or both such imprisonment and fine does not appear at the time and place appointed in and by the summons, or by any bond for his appearance that he may have entered into, and his personal attendance has not been dispensed with under section 86, the court may, on proof of the proper service of the summons a reasonable time before, or on production of the bond, as the case may be, proceed to hear and determine the case in the absence of the accused or may adjourn the case and issue a warrant for the arrest of the accused in accordance with the provisions of section 89.

PART VI - PROCEDURE IN TRIALS BEFORE MAGISTRATES’ COURTS


190 Non-appearance of parties after adjournment

(1) If at the time or place to which the hearing or further hearing is adjourned, the accused person does not appear before the court which has made the order of adjournment, such court may, unless the accused person is charged with felony, proceed with the hearing or further hearing as if the accused were present, and if the complainant does not appear the court may dismiss the charge with or without costs as the court shall think fit.

(2) If the accused person who has not appeared as aforesaid is charged with felony, or if the court, in its discretion, refrains from convicting the accused in his absence, the court shall issue a warrant for the apprehension of the accused person and cause him to be brought before the court.


191 Conviction in absence of accused may be set aside

If the court convicts the accused person in his absence, it may set aside such conviction upon being satisfied that his absence was from causes over which he had no control, and that he had a probable defence on the merits.


192 Commencement of sentence passed in absence of accused

Any sentence passed under section 186 or 190 shall be deemed to commence from the date of apprehension, and the person effecting such apprehension shall endorse the date thereof on the back of the warrant of commitment.

Part 2 – Bill of Rights
Division 3 – Protection of the fundamental rights and freedoms
Subdivision A – Protection Generally
22 Protection of Law
(4) Except with his consent, the trial shall not take place in his absence unless —
(a) he behaves in such a way as to make it impracticable or unreasonable to continue the proceedings in his presence; and
(b) the court orders his removal and the continuance of the trial in his absence.

PART II

BILL OF RIGHTS

DIVISION 3 - PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS

Subdivision A - Protection Generally

22 Protection of law

(4) Except with his consent, the trial shall not take place in his absence unless —

(a) he behaves in such a way as to make it impracticable or unreasonable to continue the proceedings in his presence; and
(b) the court orders his removal and the continuance of the trial in his absence.