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1085
Kanunları ve Tercümeleri
85- Case where person has been convicted
(1) If the judge is required to proceed under this section he must decide 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 87.
(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 87.
(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 86.
(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.
86- Conviction in person’s absence
(1) If the judge is required to proceed under this section he must decide whether there is
evidence which would be sufficient to make a case requiring an answer by the person if the pro-
ceedings were the summary trial of an information against him.
(2) In deciding the question in subsection (1) the judge may treat a statement made by a
person in a document as admissible evidence of a fact if—