Section 74 — Protection of Personal and Property Rights Act 1988: Attendance of person in respect of whom application is made

74 Attendance of person in respect of whom application is made (1) The person in respect of whom an application for the exercise of the Court's jurisdiction under this Act is made shall be present throughout the hearing unless excused or excluded by the Court under subsection (2) or subsection (3) of this section. (2) The Court may excuse the person if it is satisfied that the person wholly lacks the capacity to understand the nature and purpose of the proceedings, or that attendance or continued attendance is likely to cause that person serious mental, emotional, or physical harm. (3) The Court may exclude the person if it is satisfied that the person is causing such a disturbance that it is not practicable to continue with the hearing in the presence of that person. (4) The Court may exercise its discretion to excuse or exclude the person at any stage of the hearing. (5) The person shall be present while the Court makes any order upon the application unless— (a) The person has been excused or excluded under subsection (2) or subsection (3) of this section; or (b) There are exceptional circumstances justifying the Court making an order in the absence of the person.