(i)the prosecution; or
Section history
Section 408A — Dealing with motion in absence of parties, etc.
Consolidated view is experimental and may be broken for certain provisions.
Amendments
(1)The relevant court may deal with a criminal motion in the absence of the parties to the proceedings, if —
(a)the respondent is —
(ii)an accused who is represented by an advocate; and
(b)each party —
(i)consents to the motion being dealt with in the absence of that party; and
(ii)consents to the relief or remedy that is sought under the motion.
(2)Where subsection (1) applies, but the relevant court is not inclined to grant the relief or remedy that is sought under the motion —
(a)the motion must be set down for hearing; and
(b)each party to the proceedings must be informed of the date and time appointed for the hearing.
(3)The relevant court may, after hearing every party that attends the hearing mentioned in subsection (2), make such order as the relevant court thinks fit.
Subsection (4) — Original text to 1 April 2022superseded
(4)Where every party to the proceedings consents to the withdrawal of the motion, the relevant court may summarily give leave to withdraw the motion by an order under the hand of a Judge sitting in the Court 2021of Appeal or a Judge, without the motion being set down for hearing.
Subsection (4) — From 1 April 2022 (current)rewritten by Courts (Civil and Criminal Justice) Reform Act 2021
(4)A single Judge of the relevant court may summarily give permission to withdraw a criminal motion, without the motion being set down for hearing, if every party to the proceedings consents to the withdrawal of the motion.