CRIMINAL

Each defendant was tried on indictment and convicted in his absence.

Two appealed against conviction, and the other sought leave so to do, on the...Each defendant was tried on indictment and convicted in his absence.

Two appealed against conviction, and the other sought leave so to do, on the grounds that a judges discretion to try a defendant in his absence should be exercised only in specific circumstances and only if there would otherwise be overwhelming prejudice to the prosecution.Stephen Solley QC and Graham Brodie (instructed by Davies Wallis Foyster, Manchester) for the appellant in the first case.

Anton Lodge QC and Nadim Bashir (instructed by Solicitor, Customs & Excise) for the Crown in the first case.

Stephen Solley QC, Graham Brodie and Paul Marshall (assigned by the Registrar of Criminal Appeals) for the appellant in the second case.

Christopher Cornwall (instructed by Crown Prosecution Service, Merseyside) for the Crown in the second case.

John Davis, solicitor (assigned by the Registrar of Criminal Appeals) for the applicant.

Ian Taylor (instructed by Crown Prosecution Service, Exeter) for the Crown in the third case.Held, allowing the first appeal, dismissing the second and refusing the application, that a defendant had a right in general, which he could waive, to be present and to be legally represented at his trial; that the trial judge had a discretion whether a trial should take place in the absence of a defendant or his legal representatives, which only rarely should be exercised in favour of a trial taking place or continuing, particularly if the defendant were unrepresented; that fairness to the prosecution as well as the defence had to be taken into account, bearing in mind all the circumstances of the case; and that if a trial in absentia did take place the judge should take all reasonable steps to expose weaknesses in the prosecution case and to make such points on behalf of the defendant as the evidence permitted, and should warn the jury that absence was not an admission of guilt and added nothing to the prosecution case.

(WLR)