Criminal Procedure Code 2010 · 2020 Revised Edition · Part 8 · Initiation of Criminal Proceedings and Complaint to Magistrate
156. Absence of accused
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The following apply where an accused does not appear at the time and place mentioned in the summons or notice to attend court:
place
“place” includes —(a)any building or structure, whether permanent or temporary;(b)any land, whether or not built on;(c)any place, whether or not enclosed, and whether or not situated underground or underwater;(d)any vessel, aircraft, train, or vehicle (whether mechanically‑propelled or otherwise) or any other means of transport; and(e)any part of any place referred to in paragraphs (a) to (d);
the court may proceed in the absence of the accused to hear and determine the complaint if —
the court is satisfied on oath that —
the summons or notice was duly served on the accused at least 7 days (or such shorter period as the court may consider reasonable in a particular case) before the time appointed in the summons or notice for appearing; and
the accused was notified, when the summons or notice was served on the accused, that the court may hear and determine the complaint in the absence of the accused, if the accused fails to appear at the time and place mentioned in the summons or notice; and
no sufficient ground is shown for an adjournment;
unless the court proceeds in the absence of the accused under paragraph (a) to hear and determine the complaint, the court must postpone the hearing to a future day.
Where the court has proceeded in the absence of the accused under subsection (1)(a) to hear and determine the complaint, the accused may apply to the court to declare the proceedings in the absence of the accused to be void.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
The court can and must make a declaration that the proceedings in the absence of the accused are void only if the accused proves, on a balance of probabilities, that —
the accused was unaware of both of the following until after the proceedings in the absence of the accused began:
the summons or notice to attend court;
the proceedings in the absence of the accused; and
the accused made the application under subsection (2) within 21 days after the date on which the accused first knew of either of the following:
the summons or notice to attend court;
the proceedings in the absence of the accused.
Subsections (2) and (3) do not apply to an accused body corporate, limited liability partnership, partnership or unincorporated association that —
does not appear at the time and place mentioned in the summons or notice to attend court; or
fails to comply with the legal formalities relating to the appointment of a representative who purports to appear for the accused body corporate, limited liability partnership, partnership or unincorporated association at the time and place mentioned in the summons or notice to attend court.
The accused is not discharged by a declaration made under subsection (3).
Subsections (2) and (3) do not affect any right to appeal against any decision made by the court in the proceedings in the absence of the accused.