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Criminal Procedure (Scotland) Act 1995
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Changes over time for: Section 92
Version Superseded: 01/02/2005
Alternative versions:
- 01/04/1996- Amendment
- 27/06/2003
Point in time - 01/02/2005- Amendment
- 01/04/2019- Amendment
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Point in time view as at 27/06/2003. This version of this provision has been superseded.
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Criminal Procedure (Scotland) Act 1995, Section 92 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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92 Trial in presence of accused.S
(1)Without prejudice to section 54 of this Act, and subject to 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.
(3)From the commencement of the leading of evidence in a trial for rape or the like the judge may, if he thinks fit, cause all persons other than the accused and counsel and solicitors to be removed from the court-room.
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