4. Insertion of new sections 241A and 241B in the principal enactment

The following new sections are hereby inserted immediately after section 241 of the principal enactment and shall have effect as sections 241A and 241B of that enactment: -

241A. (1) The Judge of the High Court presiding at the sessions of the High Court of the relevant judicial zone may having regard to the provisions of subsection (4) of this section and section 241B dispense with the personal attendance in court of an accused in respect of whom the trial is pending, or has been commenced, with or without a jury before such court.

“Personal attendance of the accused may be dispensed with, under special circumstances

The personal attendance of the accused in court may be so dispensed with, on an application made by the relevant person, as specifi ed in subsection (3), if the Judge is satisfi ed that the personal attendance of such accused in court may be dispensed with, on any one or more of the grounds specifi ed in subsection (4).

An application under subsection (2), in respect of an accused, shall be made by -

the Attorney-General;

the accused himself, or his

the Superintendent of the prison wherein the accused is detained; or

the offi cer-in-charge of the place of detention.

The Judge may dispense with the personal attendance of the accused under subsection (1), on the following grounds: -

where there is a threat or an apprehension of serious harm to, the life of the accused;

where public reaction to the offence alleged to have been committed by the accused is likely to give rise to a breach of the peace;

where there is a likelihood of the accused escaping from detention or being involuntarily removed from detention;

where there is a likelihood of the accused obstructing the proceedings of the court;

where the accused has been subjected to a state of quarantine under any written law in order to prevent the spread of an infectious or contagious disease dangerous to life; or

where the personal attendance of the accused is likely to pose a threat to the public safety and health due to a pandemic or other similar situation prevailing for the time being:

Where a Judge of the High Court dispenses with the personal attendance of an accused in court, under subsection (1), the reasons for the same shall be recorded in writing and such accused shall be –

represented in court by an Attorney-at-Law; and

permitted to make his representation and to observe the proceedings instituted by, on behalf of or relating to such accused through contemporaneous audio-visual linkage.

(a) The Registrar of the High Court shall make necessary arrangements in the court to facilitate the accused to make his representation and to observe the proceedings in accordance with the provisions of subsection (5).

The offi cer-in-charge of the place of detention wherein the accused is detained or the Superintendent of the prison wherein such accused is detained, shall in consultation with the Registrar of the High Court provide necessary facilities to such accused being detained, to make his representation through contemporaneous audio-visual linkage and to observe the proceedings of the court as referred to in paragraph (a).

Where the place of detention of such accused or the prison is within the judicial zone of the Judge who dispensed with the personal attendance of such accused in court, it shall be the duty of such Judge to forthwith communicate, in the prescribed Form, to the Magistrate having jurisdiction over the relevant judicial zone and request him to visit such place of detention or the prison not later than forty-eight hours of calling the case, and shall look into the well-being of the accused so detained.

Where the place of detention of the accused or the prison is situated outside the judicial zone of the Judge who dispensed with the personal attendance of such accused in court, it shall be the duty of such Judge to forthwith communicate, in the prescribed

Where the Magistrate within whose judicial zone the place of detention of the accused or the prison is situated, is unable to visit the place of detention or the prison, it shall be the duty of such Magistrate to forthwith communicate, in the prescribed Form, to any other Magistrate and request him to visit the place of detention of the accused or the prison for the purpose referred to in subsection (7).

Any Magistrate who has been communicated with under subsection (7), (8)

It shall be the duty of the offi cer-in-charge of the place of detention or the

Where a Magistrate visits the place of detention or the prison to look into the well-being of an accused in terms of the provisions of subsection (7), (8) or (9), an Attorney-at-Law who represents such accused shall be permitted to be present at the time of such visit.

The Judge of the High Court shall not dispense with the personal attendance in court of an accused under section 241A-

where any accused produced before a Judge of the High Court has made a complaint that he was subjected to assault, torture, or any other act or omission amounting to a violation of human rights or was threatened with assault, torture or any other act or omission amounting to a violation of human rights while detained in a place of detention or a prison;

where such accused is a person of unsound mind;

where the Judge of the High Court is of the opinion, or is satisfi ed based on an application made to that effect that the personal attendance of the accused in court is desirable in the circumstance of the case or in the interest of justice;

where the accused does not consent himself being represented by an

Subject to the provisions of section 241, the Judge of the High Court shall not dispense with the personal attendance in

Subject to the provisions of section 241, the Judge of the High Court shall not dispense with the personal attendance in court of an accused, after the commencement of the trial without the express consent of the accused or his Attorney-at-Law.”.