9 Powers to proceed if accused absent from allocation hearing
Judicial Review and Courts Act 2022 (2022 c 35) | Legislation

9  Powers to proceed if accused absent from allocation hearing

(1)     The Magistrates' Courts Act 1980 is amended as follows.

(2)     In section 17B (power to proceed with indication of plea hearing in absence of disorderly but represented accused)—

(a)     for the heading substitute “Power to proceed if accused does not appear to give indication as to plea”;

(b)     for subsection (1) substitute—

“(1A)     This section has effect where—

(a)     a hearing is held for the purposes of section 17A,

(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 of the accused is present at the hearing, and

(b)     the court does not consider that there is an acceptable reason for the accused's failure to attend.

(1D)     This condition is that—

(a)

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