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Legal Terms - Absence
Absence refers to the state of not being present, particularly in the context of legal proceedings. Default refers to the absence of a party involved in a legal case or a person who has been called to testify. Part 39 of the *Civil Procedure Rules outlines the repercussions that occur when a party does not show up for the trial in civil procedures. Under the Magistrate Courts Act 1980, a summary trial can occur without the presence of the accused or the prosecutor in criminal proceedings. The discretion of a Crown Court judge to start a trial on indictment without the presence of the accused should be utilized very carefully and cautiously (R v Jones [2002] UKHL 5, [2003] 1 AC 1).
Absence refers to the state of not being present, particularly in the context of legal proceedings. Default refers to the absence of a party involved in a legal case or a person who has been called to testify. Part 39 of the *Civil Procedure Rules outlines the repercussions that occur when a party does not show up for the trial in civil procedures. Under the Magistrate Courts Act 1980, a summary trial can occur without the presence of the accused or the prosecutor in criminal proceedings. The discretion of a Crown Court judge to start a trial on indictment without the presence of the accused should be utilized very carefully and cautiously (R v Jones [2002] UKHL 5, [2003] 1 AC 1).
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