| R v Tonner (1985) 80 Cr App R 170 | Illustrates arraignment without immediate trial. | Cited to note that pleading not guilty does not preclude later absence. |
| R v Abrahams (1895) 21 VLR 343 | Early discussion of waiver and discretion to proceed. | Historical foundation for judicial discretion. |
| R v Howson (1981) 74 Cr App R 172 | Continuation where defendant involuntarily absent. | Showed discretion extends beyond voluntary absence. |
| R v Berry (1897) 104 LT Jo 110 | Misbehaviour preventing presence. | Example of trial continuation without accused. |
| R v Browne (1906) 70 JP 472 | Misconduct removal and continuation. | Supports discretionary power. |
| R v Jones (Robert) (No 2) [1972] 1 WLR 887 | Absconding during trial; discretion upheld. | Cited as authoritative precedent. |
| R v Shaw (Elvis) [1980] 1 WLR 1526 | Voluntary absence during trial. | Affirmed judicial discretion. |
| R v Jones, Planter & Pengelly [1991] Crim LR 856 | First explicit approval of starting trial in absence. | Relied on and ultimately upheld. |
| R v Donnelly & Donnelly (CA, 12 Jun 1997) | Challenge to starting trial in absence rejected. | Cited as supportive authority. |
| European cases (Poitrimol, Pelladoah, Lala, Colozza, Brozicek, Ekbatani, Ensslin, Stanford, Delcourt, Van Geyseghem, Omar) | Core article 6 principles: notification, presence, effective participation, representation. | House reviewed to confirm no breach arises when absence is voluntary and rights were afforded. |
| Krombach v Bamberski (Case C-7/98) | Right to defence as fundamental EU right. | Accepted but distinguished on facts. |
| Pfeifer & Plankl v Austria (1992) 14 EHRR 692 | Unequivocal waiver requirement. | Considered when analysing waiver debate. |
| Millar v Dickson 2002 SC (PC) 30 | Defines “clear and unqualified” waiver. | Guided discussion on waiver standard. |
| Taylor v United States 414 US 19 (1973) | Inferring knowledge of consequences of absence. | Compared but distinguished on English facts. |
| Crosby v United States (1993) 506 US 255 | US Rule 43 prohibits trial commencement in absence. | Distinguished as rule-specific, not persuasive in UK. |
| Government of the Virgin Islands v Brown 507 F2d 186 (1975) | No principled line between pre- and mid-trial absence. | Quoted to support English discretion. |
| R v Governor of Brixton Prison, Ex p Caborn-Waterfield [1960] 2 QB 498 | Right can be declined by defendant. | Used to illustrate defendant’s choice not to defend. |
| R v Bertrand (1867) LR 1 PC 520 | Public interest in trials free from miscarriage. | Discussed regarding confidence in justice. |
| Doorson v The Netherlands (1996) 22 EHRR 330 | Balancing defence rights with witness interests. | Cited in support of judge’s balancing exercise. |
| Brown v Stott [2001] 2 WLR 817 | Public-interest balancing under article 6. | Reinforced proportionality analysis. |
| Pullar v United Kingdom (1996) 22 EHRR 391 | Value of jury directions for fairness. | Relied on when assessing summing-up. |
| Gregory v United Kingdom (1997) 25 EHRR 577 | Importance of tailored jury directions. | Supported acceptance of judge’s instructions. |
| Montgomery v HM Advocate [2001] 2 WLR 779 | Assumption that juries follow directions. | Cited when evaluating fairness. |
| Condron v United Kingdom (2001) 31 EHRR 1 | Appellate duty to examine article 6 compliance. | Guided Court of Appeal’s approach. |
| R v Pendleton [2002] 1 WLR 72 | Appellate powers regarding fresh evidence. | Referenced to show safeguards on appeal. |
| HM Advocate v Monson (1893) 1 Adam 114 | Scottish outlawry for absconders. | Historical contrast with English practice. |
| Sweeney v HM Advocate (1893) 21 R (J) 44 | Example of Scottish fugitation procedure. | Compared with English discretion model. |