South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 167

167—Presence of appellant or respondent on hearing of appeal

        (1)         The Supreme Court may make rules with respect to the presence in court of an appellant or respondent who is in custody during—

            (a)         the hearing of the appeal; or

            (b)         the hearing of an application for permission to appeal; or

            (c)         any proceedings preliminary or incidental to an appeal.

        (2)         Without limiting subsection (1), the rules of court may (for example)—

            (a)         provide that the appellant or respondent may be present during the hearing of an appeal or an application for permission to appeal, or a proceeding preliminary or incidental to an appeal—

                  (i)         in person; or

                  (ii)         by means of an audio visual link; or

                  (iii)         by means of an audio link; and

            (b)         provide that the appellant or respondent may not be present during any such hearing or proceeding.

        (3)         Despite any rule to the contrary, the Court of Appeal may, if the Court considers there is good reason to do so, proceed with the hearing of an appeal or an application for permission to appeal, or a proceeding preliminary or incidental to an appeal, in the absence of the appellant or respondent.

        (4)         In this section—

"audio link" means a system of 2-way communication linking different places so that a person speaking at any 1 of the places can be heard at the other;

"audio visual link" means a system of 2-way communication linking different places so that a person speaking at any 1 of the places can be seen and heard at the other.