Chapter 8 - General - Courts Generally (ie, not just MC etc.)

Question 1

S328 Appearance

Answer 1

A party to a criminal proceeding may appear—
(a) personally (b) by LP or other person who can lawfully appear (c) in the MC, for informant who is popo or PSO, a pol. prosecutor (d) prescribed person

Question 2

S329 when accused etc. required to appear at hearing

Answer 2

(1) A must appear at every hearing in crimproc against A, unless otherwise provided by Act or Court rules
(2) party to appeal who was A in the criminal proceeding must be at every appeal hearing unless “””
(3) Court may excuse person from appearing at a hearing

Question 3

S330 When accused etc. is required to attend hearing

(s3: be physically present In Court or by AV link of permitted) hearing

Answer 3

(1) A must attend hearing in CP against A if
(a) this Act or court rules require attendance of A
(b) A was remanded/bailed to appear at hearing
(c) Court requires A’s attendance at the hearing
(2) for attendance at appeal hearings, (a)-(c) ditto for appeal party who was the A below
(3) Court may excuse person from attending a hearing
(4) Court can issue warrant to arrest A if fails to appear (save for under (1)(c) – (2)(c))
(5) can issue warrant if A fails to appear per (1)(c) / (2)(c) and satisfied person had reasonable notice of requirement to attend

Question 4

S331 Power to adjourn proceeding

Answer 4

(1) court may adjourn hearing of CP before the Court
(a) to any time and place (b) for any purpose
(c) on any terms as to costs or otherwise,
that it considers appropriate.
(2) If at any time court adjourns hearing of crim proc, court may
(a) allow A to go at large (b) remand A in custody (c) grant A bail or extend his/her bail

Question 5

S412 Power to amend when there is a defect or error

Answer 5

For the purpose of correcting any defect or error in substance or in form, a court may amend any summons, warrant, plea, judgment or order