Part 8Miscellaneous and transitional provisions
Transitional and savings provisions: Transitional and savings provisions in relation to provisions brought into force under section 2(2) or 2(3)
399Absconding defendants
This section applies if—
- proceedings were commenced (in any of the ways described in section 397(3)) against a defendant for an offence before the commencement date; and
- before, on, or after the commencement date the defendant absconded; and
- the defendant is not located until more than 6 months after the commencement date.
The proceedings must be conducted in accordance with the law as it is after the commencement date.
Despite subsection (2), if the defendant had before the commencement date elected trial by jury, or would have had the right to elect trial by jury had the proceedings been continued under the law as it was before the commencement date, the Act applies to the defendant as if section 50 provided the defendant the right to elect trial by jury.
The court may, despite anything in the Act, rules of court, or the regulations made under this Act, give any directions that the court thinks fit in the interests of justice and to avoid any undue prejudice to the defendant in the conduct of his or her defence about—
- the manner of doing anything required to be done under this Act, the rules, or the regulations; or
- the time within which any thing required to be done under this Act, the rules, or the regulations is to be done.
Notes
- Section 399(1)(b): amended, on , by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).