A defendant can forego his right to attend his trial, but he still had the general right to be present, and to have legal representation at the trial. The court’s discretion to proceed in his absence should only be exercised with great care. A trial in the absence of a defendant could easily lead to an unfair trial. The right of a defendant can be lost, for example if he absconds. The trial judge had to be fair to the defendant, but must also allow for the interests of the prosecutor. The judge should allow for any future likelihood of the defendant becoming available, the ability of the legal representatives to obtain instructions, and the extent of disadvantage of proceeding in his absence.
Judges:
Lord Justice Rose, Hooper, Goldring JJ
Citations:
Times 14-Feb-2001, Gazette 01-Mar-2001, [2001] EWCA Crim 168, [2001] 3 WLR 125, [2001] Cr App R 11, [2001] QB 862
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Spinnato, Re v Governor of HM Prison Brixton and Another Admn 20-Dec-2001
The prisoner had been convicted in his absence in 1991 of offences in Italy. He was resident in England at the time, and many years later extradition was sought. He had not hidden his whereabouts, and the Italian State seemed not to have pursued . .
Cited – Mariotti v Government of Italy and others Admn 2-Dec-2005
The extraditee had been convicted in his absence in Italy having fled to avoid the trial. He complained that the trial process had been unfair and the evidence against him weak.
Held: The court’s duty was not to investigate the evidential . .
Cited – Johnson, Regina (on the Application of) v Director of Public Prosecutions Admn 8-Dec-2005
The defendant sought judicial review of a decision by the magistrates to proceed with criminal charges against him in his absence. He suffered confirmed depression. There were several adjournments.
Held: ‘despite the unsatisfactory and indeed . .
Cited – Morsby v Tower Bridge Magistrates’ Court Admn 31-Oct-2007
The claimant sought judicial review of the magistrates refusal to set aside a conviction entered in his absence. He had been in custody and not produced for the hearing.
Held: The review was granted. The judge had not established that the . .
Cited – Gough, Regina v CACD 8-Nov-2001
Appeal against conviction for burglary: ‘The appeal is concerned only with the directions given to the jury as to the inferences which they might draw after the appellant absconded during the course of his trial.’
Held: The direction was . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 31 May 2022; Ref: scu.158742