Dealing with motion in absence of parties, etc.
408A.—(1)  The relevant court may deal with a criminal motion in the absence of the parties to the proceedings, if —
(a)the respondent is —
(i)the prosecution; or
(ii)an accused who is represented by an advocate; and
(b)each party —
(i)consents to the motion being dealt with in the absence of that party; and
(ii)consents to the relief or remedy that is sought under the motion.
[19/2018]
(2)  Where subsection (1) applies, but the relevant court is not inclined to grant the relief or remedy that is sought under the motion —
(a)the motion must be set down for hearing; and
(b)each party to the proceedings must be informed of the date and time appointed for the hearing.
[19/2018]
(3)  The relevant court may, after hearing every party that attends the hearing mentioned in subsection (2), make such order as the relevant court thinks fit.
[19/2018]
(4)  A single Judge of the relevant court may summarily give permission to withdraw a criminal motion, without the motion being set down for hearing, if every party to the proceedings consents to the withdrawal of the motion.
[Act 25 of 2021 wef 01/04/2022]