Section 153 Trial in presence of accused.

Scotland

(1)

F1Subject to section 150A of this Act and subsection (2) below, no part of a trial shall take place outwith the presence of the accused.

(2)

If during the course of his trial an accused so misconducts himself that in the view of the court a proper trial cannot take place unless he is removed, the court may order—

(a)

that he is removed from the court for so long as his conduct makes it necessary; and

(b)

that the trial proceeds in his absence,

but if he is not legally represented the court shall appoint counsel or a solicitor to represent his interests during such absence.

Annotations

Textual amendments

F1: Words in s. 153(1) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 14(5), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S. I. 2007/527)