Skip to content
In forceAmended2020 Revised Edition
Contents

Part 20 · Appeals, Points Reserved, Revisions and Criminal Motions

408A. Dealing with motion in absence of parties, etc.

Feedback & support
Amended

Last amended by an amending law of 2021. 2 amendments in all.

(1)

The relevant court may deal with a criminal motion in the absence of the parties to the proceedings, if —

(a)

the respondent is —

(i)

the prosecution; or

(ii)

an accused who is represented by an advocate; and

(b)

each party —

(i)

consents to the motion being dealt with in the absence of that party; and

(ii)

consents to the relief or remedy that is sought under the motion.

(2)

Where subsection (1) applies, but the relevant court is not inclined to grant the relief or remedy that is sought under the motion —

(a)

the motion must be set down for hearing; and

(b)

each party to the proceedings must be informed of the date and time appointed for the hearing.

(3)

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.

(4)

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.

Report

Part 21

Special Proceedings

Part 22

Miscellaneous

Schedules