Criminal Code

Marginal note:Accused to be present

• 650 (1) Subject to subsections (1.1) to (2) and section 650.01, an accused, other than a corporation, shall be present in court during the whole of his or her trial.

• Marginal note:Video links

  (1.1) Where the court so orders, and where the prosecutor and the accused so agree, the accused may appear by counsel or by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the trial other than a part in which the evidence of a witness is taken.

• Marginal note:Video links

  (1.2) Where the court so orders, an accused who is confined in prison may appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the trial other than a part in which the evidence of a witness is taken, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.

• Marginal note:Exceptions

  (2) The court may

  • (a) cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible;

  • (b) permit the accused to be out of court during the whole or any part of his trial on such conditions as the court considers proper; or

  • (c) cause the accused to be removed and to be kept out of court during the trial of an issue as to whether the accused is unfit to stand trial, where it is satisfied that failure to do so might have an adverse effect on the mental condition of the accused.

• Marginal note:To make defence

  (3) An accused is entitled, after the close of the case for the prosecution, to make full answer and defence personally or by counsel.