Criminal Procedure Code 2010 · 2020 Revised Edition · Part 20 · Appeals, Points Reserved, Revisions and Criminal Motions
408A. Dealing with motion in absence of parties, etc.
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The relevant court may deal with a criminal motion in the absence of the parties to the proceedings, if —
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 respondent is —
the prosecution; or
an accused who is represented by an advocate; and
each party —
consents to the motion being dealt with in the absence of that party; and
consents to the relief or remedy that is sought under the motion.
Where subsection (1) applies, but the relevant court is not inclined to grant the relief or remedy that is sought under the motion —
the motion must be set down for hearing; and
each party to the proceedings must be informed of the date and time appointed for the hearing.
The relevant court may, after hearing every party that attends the hearing mentioned in subsection (2), make such order as the relevant court thinks fit.
A single Judge of the relevant court may summarily give permission to withdraw a criminal motion, without the motion being set down for hearing, if every party to the proceedings consents to the withdrawal of the motion.
Judge
“Judge” means a Supreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the General Division of the High Court in accordance with the Constitution and the Supreme Court of Judicature Act 1969;