Basic HTML Version
1037
Kanunları ve Tercümeleri
20- Case where person has been convicted
(1) If the judge is required to proceed under this section (by virtue of section 11) he must de-
cide whether the person was convicted in his presence.
(2) If the judge decides the question in subsection (1) in the affirmative he must proceed un-
der section 21.
(3) If the judge decides that question in the negative he must decide whether the person de-
liberately absented himself from his trial.
(4) If the judge decides the question in subsection (3) in the affirmative he must proceed un-
der section 21.
(5) If the judge decides that question in the negative he must decide whether the person wo-
uld be entitled to a retrial or (on appeal) to a review amounting to a retrial.
(6) If the judge decides the question in subsection (5) in the affirmative he must proceed un-
der section 21.
(7) If the judge decides that question in the negative he must order the person’s discharge.
(8) The judge must not decide the question in subsection (5) in the affirmative unless, in any
proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the
person would have these rights—
(a) the right to defend himself in person or through legal assistance of his own cho-
osing or, if he had not sufficient means to pay for legal assistance, to be given it free when the
interests of justice so required;
(b) the right to examine or have examined witnesses against him and to obtain the
attendance and examination of witnesses on his behalf under the same conditions as witnesses
against him.
21 Human rights
(1) If the judge is required to proceed under this section (by virtue of section 11 or 20) he must
decide whether the person’s extradition would be compatible with the Convention rights within
the meaning of the Human Rights Act 1998 (c. 42).
(2) If the judge decides the question in subsection (1) in the negative he must order the