Presence of accused at hearing of application
758 (1) The offender shall be present at the hearing of the application under this Part and if at the time the application is to be heard
(a) he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring him before the court; or
(b) he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend before the court and the provisions of Part XVI relating to summons and warrant are applicable with such modifications as the circumstances require.
Exception
(2) Notwithstanding subsection (1), the court may
(a) cause the offender to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible; or
(b) permit the offender to be out of court during the whole or any part of the hearing on such conditions as the court considers proper.
Annotations
- Part XXIV