4315Magistrates Court order made in absence of party may be

4315 Magistrates Court order made in absence of party may be set aside—application by informant (1) This rule applies if a defendant does not appear in a criminal proceeding and an order is made against the defendant. (2) However, this rule does not apply if the defendant— (a) had entered a plea of guilty under the Magistrates Court Act 1930, section 116D (Pleas to prescribed offence); and (b) did not withdraw the plea before the order was made; and (c) did not appear in the proceeding.

Magistrates Court criminal proceedings—witnesses Division 4.2.3 Rule 4330 (3) On application by the informant, the court may set aside the order on the conditions it considers appropriate. Example of conditions payment of costs (4) If, under this rule, the court sets aside a conviction, the court must dismiss the information and set aside any warrant issued under the Magistrates Court Act 1930 because of the conviction. Division 4.2.3 Magistrates Court criminal proceedings—witnesses