PART II.
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

Provision to secure protection of law

10. (3.) A person charged with an offence -

and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

PART V - MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

145 Evidence to be taken in presence of accused

Except as otherwise expressly provided, all evidence taken in any inquiry or trial under this Act shall be taken in the presence of the accused or, where his personal attendance has been dispensed with, in the presence of his barrister and solicitor or pleader if any :

Provided that nothing in this section shall render it unlawful for any Court to take evidence in an inquiry or trial in the absence of the accused, if he has by his misconduct in court prevented the taking of such evidence in his presence.

PART VI - PROCEDURE IN TRIALS BEFORE THE DISTRICT COURT

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

(1) Notwithstanding the provisions of section 145 of this Act, if an accused who has sent to the Court a plea of guilty in writing or is charged with any offence for which upon conviction the maximum sentence which can be imposed is a fine not exceeding two hundred dollars or imprisonment, otherwise than in default of payment of a fine, for a period not exceeding six months or both such fine and imprisonment does not attend in the District Court at the time and place appointed in and by the summons or by any bond for his attendance that he may have entered into, and his personal attendance has not been dispensed with under section 61 of this Act, the Court may, on being satisfied that the plea of guilty in writing is unequivocal or 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 63 of this Act.

(2) Notwithstanding the provisions of the preceding subsection, no person shall be tried in his absence unless he has consented thereto :

Provided that, where any person has been served with a summons containing a direction made under section 61 for his personal attendance to be dispensed with and the summons is endorsed with a notice that, if he does not attend, he will be deemed to have consented to the trial taking place in his absence, he shall be deemed to have so consented.

PART VI - PROCEDURE IN TRIALS BEFORE THE DISTRICT COURT

155 Non-attendance of parties after adjournment

(1) If at the time and place to which the trial or further trial of any criminal proceeding is adjourned by the District Court, the accused does not attend before the Court, and he has consented, personally or by his barrister and solicitor or pleader, if any, to the trial taking place in his absence, the Court may, in its discretion, proceed with the trial or further trial as if the accused were present, and if the complainant does not attend, himself or by his barrister and solicitor or pleader, the Court may dismiss the charge with or without costs as the Court shall think fit.

(2) Where an accused who has not attended before the District Court at the time and place to which the trial, or further trial, of any criminal proceeding has been adjourned, has not consented to the trial taking place in his absence or the Court has in its discretion not proceeded with the trial or further trial, the Court may issue a warrant for his arrest and for him to be brought before the Court and shall further adjourn the trial or further trial accordingly.

PART VI - PROCEDURE IN TRIALS BEFORE THE DISTRICT COURT

156 Conviction in absence of accused may be set aside

If the District Court convicts any accused in his absence, it shall 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.