Section 23 | Power Of Court, With Consent Of Legally Represented Accused, To Proceed In His Absence [ Power To Proceed If Accused Absent From Allocation Hearing] | Magistrates Courts Act 1980 C43

23 Power of court, with consent of legally represented accused, to proceed in his absence [23 Power to proceed if accused absent from allocation hearing]

Magistrates' Courts Act 1980 (1980 c 43) | Legislation

23 Power of court, with consent of legally represented accused, to proceed in his absence [23 Power to proceed if accused absent from allocation hearing]

(1)�� �³��—

(a)�� the accused is represented by [a legal representative] who in his absence signifies to the court the accused's consent to the proceedings for determining how he is to be tried for the offence being conducted in his absence; and

(b)�� the court is satisfied that there is good reason for proceeding in the absence of the accused,

the following provisions of this section shall apply.

[(1A)�� This section has effect where—

(a)�� a hearing is held in accordance with section 18(1) or (1A),

(b)�� the accused does not appear at the hearing,

(c)�� any of the conditions in subsections (1B) to (1E) is met, and

(d)�� the court is satisfied that it is not contrary to the interests of justice to proceed in the absence of the accused.

(1B)�� This condition is that a legal representative of the accused is present at the hearing and signifies the accused's consent to the court's proceeding in the accused's absence.

(1C)�� This condition is that—

(a)�� a legal representative