4311Magistrates Court order made in absence of defendant

4311 Magistrates Court order made in absence of defendant may be set aside—summons for prescribed offence (1) This rule applies to an order made against a defendant in the defendant’s absence if— (a) the defendant was served with a summons under the Magistrates Court Act 1930, section 116B (Service of summons for prescribed offence); and (b) any of the following subparagraphs apply: (i) the defendant did not return the notice of intention to defend form or the plea of guilty form to the registrar before the day when the defendant was required by the summons to appear before the court; (ii) the court has previously, in the absence of the defendant, adjourned the hearing under the Magistrates Court Act 1930, section 116E (3) (Procedure if plea of guilty entered), and the court is satisfied that a notice under that subsection did not come to the defendant’s attention before the conviction was recorded or the order made; (iii) the court is satisfied that a notice mentioned in the Magistrates Court Act 1930, section 116F (Procedure if notice of intention to defend given) or section 116H (Restricted penalties under pt 3.7) did not come to the defendant’s attention before the date set under the section for the hearing of the proceeding. (2) On the application of the defendant, the court must set aside the order. Magistrates Court criminal proceedings—setting aside orders Division 4.2.2 Rule 4312