New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 87

87 Evidence to be taken in presence of accused person

(1) The accused person must be present when evidence is taken under this Division, unless this Act or any other law permits the evidence to be taken in the accused person's absence.

(2) The Magistrate may excuse the accused person from attending during the taking of evidence if satisfied that the accused person will be represented by an Australian legal practitioner while the evidence is taken or if satisfied that the evidence is not applicable to the accused person.

(3) A period during which the accused person is so excused is taken to be an adjournment for the purposes of dealing with the accused person.

(4) Evidence may commence or continue to be taken in the absence of an accused person who has not been excused from attending if--

(a) no good and proper reason is shown for the absence of the accused person, and

(b) a copy of all relevant written statements, and copies of any proposed exhibits identified in the statements (or a notice relating to inspection of them), have been served on the accused person in accordance with this Part and the accused person has been informed of the time set by the Magistrate for taking of the evidence.