State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1031

Article59.

Maintenance of Order inthe Courtroom.

§ 15A‑1031.  Custody andrestraint of defendant and witnesses.

A trial judge may order adefendant or witness subjected to physical restraint in the courtroom when thejudge finds the restraint to be reasonably necessary to maintain order, preventthe defendant's  escape, or provide for the safety of persons. If the judgeorders a defendant or witness restrained, he must:

(1)        Enter in the recordout of the presence of the jury and in the  presence of the person to berestrained and his counsel, if any, the reasons for his action; and

(2)        Give the restrainedperson an opportunity to object; and

(3)        Unless the defendantor his attorney objects, instruct the jurors that the restraint is not to beconsidered in weighing evidence or determining the issue of guilt.

If the restrained personcontroverts the stated reasons for restraint, the judge must conduct a hearingand make findings of fact. (1977, c. 711, s. 1.)