92 Trial in presence of accused
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

92  Trial in presence of accused

(1)     Without prejudice to section 54 of this Act, and subject to [subsections (2) and (2A)] below, no part of a trial shall take place outwith the presence of the accused.

(2)     If during the course of his trial an accused so misconducts himself that in the view of the court a proper trial cannot take place unless he is removed, the court may order—

(a)     that he is removed from the court for so long as his conduct makes it necessary; and

(b)     that the trial proceeds in his absence,

but if he is not legally represented the court shall appoint . . . a solicitor to represent his interests during such absence.

[(2A)     If—

(a)     after evidence has been led which substantially implicates the accused in respect of the offence charged in the indictment

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