Western Australian Current Acts

CRIMINAL APPEALS ACT 2004 - SECT 43

43 .         Party in custody, entitlement to be present at appeal

        (1)         In this section —

        video link means facilities, including closed circuit television, that enable, at the same time, a court at one place to see and hear a person at another place and vice versa.

        (2)         A party to an appeal who is in custody and who is self-represented is entitled to be present at any proceedings relating to the appeal.

        (3)         A party to an appeal who is in custody and who is represented by a lawyer —

            (a)         is entitled to be present at the actual hearing of the appeal; but

            (b)         is not entitled to appear at any other proceedings on the appeal,

                unless the appeal court orders otherwise.

        (4)         If a party to an appeal who is in custody is entitled and wants to be present at proceedings on the appeal, the appeal court must make any necessary orders to ensure the party appears before the court in person or by means of a video link.

        (5)         If a party to an appeal conducts himself or herself in a manner that makes it impracticable to continue proceedings in his or her presence, the appeal court may order the party to be removed and the proceedings to proceed in the accused’s absence or by means of a video link.