Absence of accused, The accused must be present at the trial in cases of treason and felony, and cannot be sentenced in his absence, R. v. Hales, (1924) 1 KB 602.
In cases of indictable misdemeanours, though the accused's presence at the actual trial is not absolutely essential, he must be present at the preliminary inquiry. With regard to summary jurisdiction, the justices may proceed ex parte after proof of service of the summons.
Absence of husband or wife for seven years is, under certain circumstances, a defence on an indictment for bigamy. See BIGAMY.
View Judgments Citing this Phrase View Acts Citing this Phrase