Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 330

When accused etc. is required to attend hearing

    (1)     An accused must attend a hearing in the criminal proceeding against the accused if—

        (a)     this Act or the rules of court require the attendance of the accused at the hearing; or

        (b)     the accused has been remanded in custody or granted bail to attend the hearing; or

        (c)     the court requires the attendance of the accused at the hearing.

    (2)     A party to an appeal who was the accused in the criminal proceeding to which the appeal relates must attend a hearing in the appeal if—

        (a)     this Act or the rules of court require the attendance of the party at the hearing; or

        (b)     the party has been remanded in custody or granted bail to attend the hearing; or

        (c)     the court requires the attendance of the party at the hearing.

    (3)     The court may excuse a person from attending a hearing.

    (4)     If a person fails to attend when required under subsection (1)(a), (1)(b), (2)(a) or (2)(b), the court may issue a warrant to arrest the person.

    (5)     If a person fails to attend when required under subsection (1)(c) or (2)(c), the court may issue a warrant to arrest the person     if the court is satisfied that the person has had reasonable notice of the requirement to attend.

Notes

Note 1 to s. 330(5) amended by No. 38/2016 s. 9(4).

1     Section 3 defines attend .

2     Section 100(2) provides for the attendance of an accused at hearings in a committal proceeding.

3     Section 246 provides for the attendance of an accused at hearings conducted under Chapter 5 (Trial on Indictment).



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