§ 408A — Dealing with motion in absence of parties, etc.

408A.—(1) The relevant court may deal with a criminal motion in the absence of the parties to the proceedings, if —(a)

the respondent is —(i)

the prosecution; or

(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.[19/2018]

(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.[19/2018]

(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.[19/2018]

(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.[Act 25 of 2021 wef 01/04/2022]

—(1) The relevant court may deal with a criminal motion in the absence of the parties to the proceedings, if —(a)

the respondent is —(i)

the prosecution; or

(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.[19/2018]

(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.[19/2018]

(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.[19/2018]

(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.[Act 25 of 2021 wef 01/04/2022]