Organised Crime Regulations 2016 · As enacted · Part 2 · Appeals Against Decisions Made Concerning Ocpo or Fro Upon Conviction
13. Non‑appearance of respondent
Feedback & supportIf, at the hearing of the appeal, the respondent is absent and the appellate court is not satisfied that the notice under regulation 10 has been duly served on the respondent, the appellate court must not make any order adverse or prejudicial to the respondent, but must adjourn the hearing to a future day and direct the Registrar of the Supreme Court to serve the notice on the respondent for the respondent to appear.
If —
the notice cannot be served on the respondent, or the appellate court is satisfied that the notice has been duly served on the respondent; and
the respondent is absent at the hearing of the appeal,the appellate court may hear the appeal in the respondent’s absence.
Subregulation 1
If, at the hearing of the appeal, the respondent is absent and the appellate court is not satisfied that the notice under regulation 10 has been duly served on the respondent, the appellate court must not make any order adverse or prejudicial to the respondent, but must adjourn the hearing to a future day and direct the Registrar of the Supreme Court to serve the notice on the respondent for the respondent to appear.
Subregulation 2
If —
the notice cannot be served on the respondent, or the appellate court is satisfied that the notice has been duly served on the respondent; and
the respondent is absent at the hearing of the appeal,the appellate court may hear the appeal in the respondent’s absence.