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Version status: In force | Document consolidation status: No known changes
Version date: 1 August 2015 - onwards
Version 2 of 2

6. Prosecution in absentia

The Principal Act is amended by the insertion of the following section:

"2B.

(1) Where, at any stage of proceedings to which this section applies, a person fails, without reasonable excuse, to appear before the court before which the proceedings are for the time being taking place, the court may do any thing or make any order that it would be entitled to do or make had the person so appeared.

(2) Where, by virtue of a person's failure to appear in proceedings to which this section applies, the person does not enter a plea (whether before the District Court or the trial judge), the trial of the person may proceed as though he had entered a plea of not guilty.

(3) This section applies to proceedings for an offence under this Act against a person upon whom a document in respect of those proceedings is served -

(a) in accordance with subsection (1) of section 81 of the Act of 2008,

(b) otherwise than by post, pursuant to a request referred to in subsection (2) of that section, or

(c) in accordance with an arrangement to which subsection (4) of that section applies.

(4) In this section -

'Act of 2008' means the Criminal Justice (Mutual Assistance) Act 2008;

'document' means a document -

(a) to which subsection (1) of section 80 of the Act of 2008 applies, and