25.2.—(1) Where this Part applies, the general rule is that—
(a)the trial must be in public, but that is subject to the court’s power to—
(i)impose a restriction on reporting what takes place at a public hearing, or public access to what otherwise would be a public hearing,
(ii)withhold information from the public during a public hearing, or
(iii)order a trial in private;
(b)the court must not proceed if the defendant is absent, unless the court is satisfied that—
(i)the defendant has waived the right to attend, and
(ii)the trial will be fair despite the defendant’s absence;
(c)the court must not sentence the defendant to imprisonment or detention unless—
(i)the defendant has a legal representative,
(ii)the defendant has been sentenced to imprisonment or detention on a previous occasion in the United Kingdom, or
(iii)the defendant could have been represented under legal aid but is not because section 83(3) of the Powers of Criminal Courts (Sentencing) Act 2000(1) applies to him or her.
(2) The court may adjourn the trial at any stage.
[Note. See section 83 of the Powers of Criminal Courts (Sentencing) Act 2000(2). Section 83(3) applies to a defendant if—
(a)representation was made available to the defendant for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the defendant’s conduct or because it appeared that the defendant’s financial resources were such that he or she was not eligible for such representation;
(b)the defendant applied for such representation and the application was refused because it appeared that the defendant’s financial resources were such that he or she was not eligible for such representation; or
(c)having been informed of the right to apply for such representation and having had the opportunity to do so, the defendant refused or failed to apply.
Part 6 contains rules about reporting, etc. restrictions. For a list of the court’s powers to impose reporting and access restrictions, see the note to rule 6.1.]
2000 c. 6; section 83(3) was amended by section 4 of the Criminal Defence Service Act 2006 (c. 9) and section 39 of, and paragraphs 52 and 53 of Schedule 5 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).
2000 c. 6; section 83 was amended by section 4 of the Criminal Defence Service Act 2006 (c. 9) and section 39 of, and paragraphs 52 and 53 of Schedule 5 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). It is further amended by section 74 of, and paragraphs 160 and 178 of Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c 43), with effect from a date to be appointed.