ACTIn ForceRegulation
Court Procedures Rules
4313Magistrates Court conviction made in absence of party
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4313 Magistrates Court conviction made in absence of party
set aside—warrant may be set aside
(1) This rule applies if the court sets aside a conviction in a criminal
proceeding under any of the following rules:
• rule 4310 (Magistrates Court order made in absence of party may
be set aside—general)
• rule 4311 (Magistrates Court order made in absence of defendant
may be set aside—summons for prescribed offence)
• rule 4312 (Magistrates Court order made in absence of party may
be set aside—other offences).
(2) The court must set aside a warrant issued under the Magistrates Court
Act 1930 because of the conviction, unless the warrant has been
executed before the conviction is set aside.
Division 4.2.2 Magistrates Court criminal proceedings—setting aside orders
Rule 4314