CHAPTER 2 - BILL OF RIGHTS

Rights of accused persons
SECTION 14

(2) Every person charged with an offence has the right—
(h) to be present when being tried, unless—
(i) the court is satisfied that the person has been served with a summons or similar process requiring his or her attendance at the trial, and has chosen not to attend; or

Divsion 7 - Miscellaneous Provisions
171.—(1) If at the time or place to which the hearing or further hearing is adjourned —
(a) the accused person does not appear before the court which has made the order of adjournment, the court may (unless the accused person is charged with an indictable offence) proceed with the hearing or further hearing as if the accused were present; and
(b) if the complainant does not appear the court may dismiss the charge with or without costs.
(2) If the accused person who has not appeared is charged with an indictable offence, or if the court refrains from convicting the accused person in his or her absence, the court shall issue a warrant for the apprehension of the accused person and cause him or her to be brought before the court.
Conviction in absence of accused may be set aside
172. If the court convicts the accused person in his or her absence, it may set aside the conviction upon being satisfied that the absence was from causes over which he or she had no control, and that there is an arguable defence on the merits.
Commencement of sentence passed in absence of accused
173. Any sentence passed under sections 167 or 171 shall be deemed to commence from the date of apprehension, and the person effecting such apprehension shall endorse the date of apprehension on the back of the warrant of commitment.