CHAPTER FOUR –– THE BILL OF RIGHTS

Part 2—Rights and fundamental freedoms

50. Fair hearing.

(2) Every accused person has the right to a fair trial, which includes the right—

(f) to be present when being tried, unless the conduct of the accused person makes it impossible for the trial to proceed ;

PART VI – PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS

PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES

206. 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 made the order of adjournment, the 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.
(2) If the court convicts the accused person in his absence, it may set aside the 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.
(3) A sentence passed under subsection (1) shall be deemed to commence from the date of apprehension, and the person effecting apprehension shall endorse the date thereof on the back of the warrant of commitment.
(4) If the accused person who has not appeared is charged with a felony, or if the court 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.

PART X – APPEALS FROM COURTS MARTIAL

191. Proceedings to be heard in absence of appellant
(1) An appellant shall not be entitled to be present at the hearing of an appeal or at any proceedings preliminary or incidental to such an appeal, except where—
(a) rules of court provide that the appellant shall have the right to be present; or
(b) the High Court grants leave to be present.