Designation of counsel of record
650.01 (1) An accused may appoint counsel to represent the accused for any proceedings under this Act by filing a designation with the court.
Contents of designation
(2) The designation must contain the name and address of the counsel and be signed by the accused and the designated counsel.
Effect of designation
(3) If a designation is filed,
(a) the accused may appear by the designated counsel without being present for any part of the proceedings, other than
(i) a part during which oral evidence of a witness is taken,
(ii) a part during which jurors are being selected, and
(iii) an application for a writ of habeas corpus;
(b) an appearance by the designated counsel is equivalent to the accused’s being present, unless the court orders otherwise; and
(c) a plea of guilty may be made, and a sentence may be pronounced, only if the accused is present, unless the court orders otherwise.
When court orders presence of accused
(4) If the court orders the accused to be present otherwise than by appearance by the designated counsel, the court may
(a) issue a summons to compel the presence of the accused and order that it be served by leaving a copy at the address contained in the designation; or
(b) issue a warrant to compel the presence of the accused.
Annotations
- Part XX