s.60Accused persons entitled to be present at trial and related proceedings and may be represented by a legal practitioner
60
Section 60Part 3General Provisions Relating to Criminal Investigations and Proceedings

Accused persons entitled to be present at trial and related proceedings and may be represented by a legal practitioner

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

60. (1) Every person accused of any criminal offence shall be entitled to be present in court during the whole of any proceedings relating to such offence unless the person is excluded by the court because the person so conducts themselves in the court as to render the continuance of the proceedings in that person’s presence impossible.
Notwithstanding subsection (1) and subject to section 54(2) —
where an accused person so conducts themselves in the court as to render the continuance of the proceedings in the accused person’s presence impossible, as an alternative to excluding the accused under subsection (1), the court may direct for such period as the court determines, that the accused shall appear by counsel or by live television link or by any other means that would allow the court and the accused to engage in simultaneous visual and oral communication; or
except where section 60A applies, the court may, in its discretion —
where an accused is confined in prison (whether on remand or otherwise); and proceedings relating to an offence other than a part in which the evidence of a witness is taken, direct that the accused may appear by counsel or by live television link or any other means that allow the court and the accused to engage in simultaneous visual and oral communication.
where the prosecutor and an accused so agree at any time during any
A court shall not give a direction under subsection (2) unless the court is satisfied that it is in the interests of the efficient or effective administration of justice for the accused person to appear in the proceedings through a live link or other means.
In deciding whether to give a direction under this section, the court must consider all the circumstances of the case; and such circumstances shall include the suitability of the facilities at the place where the accused or a witness would give evidence through a live link.
For the purposes of this section, the consent of the accused person to the conduct of the proceedings in the person’s absence may be deemed to have been given Criminal Procedure Code (2026 Revision) Section 60A c Revised as at 31st December, 2025 Page 35 in a case in which the person enters a written plea of guilty under any law or in any case in which the court is satisfied that, having been duly summoned to appear before the court a reasonable time before the date appointed, the accused person wilfully refuses to attend at any time appointed by the court.
Every person accused of any criminal offence, whether present in person or absent in accordance with this section, may be defended before any court by a legal practitioner.
A statement made on oath and given in evidence through a link by virtue of this section shall be treated for the purpose of section 101 of the Penal Code (2026 Revision) as having been made in the proceedings in which it is given in evidence.
The Rules Committee of the Grand Court may make such rules as appears to it to be necessary for the purposes of this section. 60A. Appearing by live television link, etc., for purposes of mention and remand 60A. (1) Where an accused in custody or detention, whether in relation to the charge before the court or not, is required to appear before a court for purposes of mention and remand, the court shall, if there is a television link or other similar means referred to in section 60(2)(b) between the place of custody or detention and the court, conduct the proceedings by live television link unless —
the court, on its own motion, determines that attendance in person is otherwise necessary in the interests of justice; or
the court, upon the request of the accused, determines that attendance is otherwise necessary in the interests of justice.
When an accused appears before a court by means of a live television link or other means referred to in section 60(2)(b), the court may, in relation to the charge, exercise any power in this Act and shall comply with the Bail Act (2015 Revision).
The Rules Committee of the Grand Court may make such rules as appear to it to be necessary for the purposes of this section. SECTION 61 Criminal Procedure Code (2026 Revision) Page 36 Revised as at 31st December, 2025 c