In a summary conviction case, is the presence of the accused necessary?

In summary conviction cases, it is indeed possible for the accused to be represented by their counsel without needing to be physically present in court. This aligns with the principle that individuals have the right to be represented by a lawyer, and in cases where the accused does not want to contest the charges or is comfortable with their counsel handling the matter, their presence is not required. This allows for a more efficient legal process, as it can conserve both the time of the court and the accused.

Counsel can enter a plea on behalf of the accused, which is particularly relevant in situations where a guilty plea is being entered or if the case is of a less serious nature. Consequently, this option holds particularly significant value in summary conviction matters, where the procedures are generally more streamlined compared to more serious indictable offences.

In contrast to the other options, requiring the presence of the accused at all times is not practical, and there are specific conditions under which a presence might be mandated, such as during the plea when a not guilty plea is entered, but this is not an absolute rule.