Div 3Hearing of summary offence

Division 3—Hearing of summary offence 61—Sittings to be in open court but witnesses and other persons may be ordered to leave the Court (1) The room in which any court sits shall be deemed an open and public court, to which the public generally may have access so far as the same can conveniently contain them, and subject to the provisions hereinafter contained. (2) The court may, if it thinks fit, order that all witnesses (except the parties and any of their witnesses whom it sees fit to except) shall go and remain outside and beyond the hearing of the court until required to give evidence. (3) Nothing herein contained shall restrict the power of the court under Part 8 of the Evidence Act 1929 or require any case to be heard in open court if it is, by any Special Act, required or authorised to be heard in camera. 62—Proceedings on non-appearance of defendant (1) If the defendant fails to appear in obedience to the summons the Magistrates Court may— (a) issue a warrant as provided by section 58, and adjourn the hearing until the defendant is apprehended; or (b) upon proof that the summons was served a reasonable time before the time thereby appointed for his appearance, proceed in the absence of the defendant to the hearing of the information and subject to section 62C to adjudicate thereon as fully and effectually, to all intents and purposes, as if the defendant had personally appeared before it in obedience to the summons; or (ba) upon proof that the summons was served a reasonable time before the time thereby appointed for the defendant's appearance, order that the information may be heard in the absence of the defendant and adjourn the hearing; or (c) if the defendant has pleaded guilty in writing pursuant to section 57A proceed in the manner provided by sections 62B and 62C. (2) At a hearing adjourned pursuant to paragraph (ba) of subsection (1) of this section, the Magistrates Court may proceed in the absence of the defendant to the hearing of the information and subject to section 62C of this Act adjudicate thereon as fully and effectually, to all intents and purposes, as if the defendant had personally appeared before it in obedience to the summons. (3) Where a hearing is adjourned under subsection (1), the Magistrates Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment. 62A—Power to proceed in absence of defendant (1) If a person who has been apprehended (whether under a warrant or without a warrant), and released on bail fails to appear at the time and place appointed for the hearing of an information laid or to be laid against him, the Magistrates Court may in its discretion hear the information in the absence of the defendant, and may adjudicate thereon as fully and effectually, to all intents and purposes, as if the defendant had appeared at that time and place. (2) This section shall apply whether the defendant is discharged pursuant to powers granted by this or any other Act. 62B—Powers of Magistrates Court on written plea of guilty (1) This section sets out the powers of the Magistrates Court that apply when a defendant fails to appear in obedience to a summons but has given the Court, in the manner and form prescribed by the rules made under section 57A, a form pleading guilty. (2) The Magistrates Court may not issue a warrant for the arrest of the defendant on the ground of non‑appearance but may— (a) on proof of service of the information and summons; and (b) on production of the form duly completed, convict and, subject to this section, adjudicate the matter as fully and effectually to all intents and purposes as if the defendant— (c) had personally appeared before the Court in obedience to the summons; and (d) had pleaded guilty and made the same submissions as to penalty as are set out in the form. (3) The Magistrates Court may receive and act on receipt of a form that has been completed and sent to the Court. (4) The prosecution may recite to the Magistrates Court any relevant matters alleged against the defendant in the same way as if the defendant had personally appeared and pleaded guilty. (5) Nothing in this section prejudices an application by a defendant to withdraw a plea of guilty at any time prior to the hearing and determination of the information laid against the defendant, and the Magistrates Court before whom the defendant appears to answer the information may permit a withdrawal of the plea on such terms as may be just. (6) If a defendant includes in a form pleading guilty matters that would, if true, indicate the defendant has a valid defence to the information, or which differ substantially in relevant particulars from the matters recited to the Magistrates Court by the prosecution, the Court may— (a) strike out the plea of guilty; and (b) adjourn the hearing of the information to a specified time and place; and (c) order that the defendant be served with a summons under section 57, after which the defendant must be dealt with as though the previous summons had not been issued, and the provisions of this section and section 57A no longer apply. (7) If a defendant who has given the Magistrates Court a form pleading guilty is convicted, the Court must not— (a) impose a sentence of imprisonment on the defendant; or (b) disqualify the defendant from holding or obtaining a licence to drive a motor vehicle unless— (i) it is proved to the Court that the summons was given personally to the defendant; or (ii) the procedure prescribed in section 62C is followed; or (c) treat the offence as other than a first offence unless the informant proves that the defendant has been previously convicted; or (d) subject to the rules—order the defendant to pay witness fees. (8) Where a defendant is convicted under this section, the Registrar must immediately, either personally or by post, give the defendant written notice of— (a) the conviction; and (b) any fine or other monetary sum to be paid; and (c) the time and manner of payment. 62BA—Proceedings where defendant neither appears nor returns written plea of guilty (1) If in any proceedings under this Act— (a) an information has been laid against a defendant; and (b) the defendant has been duly served with a summons but— (i) does not appear at the time and place appointed for the hearing or determination of the information or at a time and place at which the information is subsequently heard or determined; or (ii) in the case of an information and summons served under section 57A—the defendant neither appears nor pleads guilty in the manner provided under that section, the Magistrates Court may proceed to adjudicate on the information in the absence of the defendant in accordance with section 62, and in so doing regard any allegation contained in the summons, or information and summons, (as served on the defendant) as sufficient evidence of the matter alleged. (2) If the Magistrates Court finds the charge proved, the prosecution may recite to the Court any relevant matters alleged against the defendant in the same way as if the defendant had personally appeared and pleaded guilty. (3) For the purposes of subsection (1), allegations are contained in a summons, or information and summons, if they are contained in, annexed to, or accompany, the summons or information and summons. (4) The allegations referred to in subsection (1) may include particulars of the alleged offence and of the circumstances in which it is alleged to have been committed. (5) The provisions of this section are supplementary to, and do not derogate from, any other statutory provision regulating the hearing and determination of an information. 62C—Proceedings in absence of defendant (1) If a defendant fails to appear in obedience to a summons and is convicted (whether on a plea of guilty under section 57A or after a hearing in the defendant's absence)— (a) the Magistrates Court may not disqualify the defendant from holding or obtaining a licence to drive a motor vehicle unless— (i) the summons was given personally to the defendant; or (ii) the Court has first adjourned the hearing to a specified time and place in order to enable the defendant to appear for the purpose of making submissions on the question of penalty; and (b) the Court must not sentence the defendant to imprisonment unless the Court has first adjourned the hearing to a specified time and place in order to enable the defendant to appear for the purpose of making submissions on the question of penalty. (2) The Registrar must, as soon as practicable after an adjournment under subsection (1)(a)(ii) or (b), give written notice to the defendant on the form prescribed by the rules, informing the defendant of the purpose for which the hearing was adjourned and of the defendant's right to be heard at the adjourned hearing. (3) If at the time and place so appointed— (a) the defendant appears; or (b) the defendant fails to appear and it is proved that the notice in writing was served on the defendant, the Magistrates Court may, according to the circumstances, order that the defendant be imprisoned or disqualified from holding or obtaining a licence to drive a motor vehicle, or both. (4) If it appears to the Magistrates Court that, after making due inquiry and exercising reasonable diligence, the Registrar was unable to give a defendant the notice referred to in subsection (2), the Court may, despite any other provision of this section, proceed to determine the question of penalty and make an order as fully and effectually as if the defendant had been duly given the notice. (5) The contents of a notice may be proved by the production of a document purporting to be a copy of the notice certified by the Registrar to the effect that the document is a true copy of the notice served on the defendant in the manner or at the address, and on the day stated, in the certificate. (6) If a hearing is adjourned under subsection (1), the Magistrates Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment. 62D—Proof of previous convictions (1) Where a defendant is served, at least three days before the hearing of the information, with a notice signed by the informant and— (a) stating particulars of any previous convictions of the defendant; and (b) stating that those particulars may be alleged against him at the hearing of the information, the prosecutor may, after the Magistrates Court has convicted the defendant of the offence alleged in the information, tender a copy of the notice in evidence before the court. (2) The Magistrates Court may regard an allegation contained in any such notice as sufficient evidence of the matter alleged. (3) A notice under this section may be served personally or by post. (4) If the prosecution tenders a copy of a notice under this section as evidence of convictions, it is not precluded from tendering other evidence of the same or other convictions. 63—Non-appearance of informant (1) If the defendant appears in obedience to the summons, or is brought before the Magistrates Court by virtue of any warrant, then if the informant, having had due notice, does not appear in person or by his counsel or solicitor, the Magistrates Court shall dismiss the information, unless for some reason it thinks proper to adjourn the hearing. 64—If both parties appear, Magistrates Court to hear and determine the case If both parties appear before the Magistrates Court, either in person or by their respective counsel or solicitors, then the Magistrates Court shall proceed to hear and determine the matter of the information. 67—When defendant pleads guilty, court to convict or make an order (1) When the defendant is present at the hearing the substance of the information shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted or why an order should not be made against him (as the case may be). (2) If the defendant admits the truth of the information, and shows no sufficient cause why he should not be convicted, or why an order should not be made against him, the Magistrates Court shall convict him or make an order against him accordingly. 68—Procedure on plea of not guilty (1) If the defendant does not admit the truth of the information the Magistrates Court will proceed to hear— (a) the informant and his witnesses and any other evidence which he adduces in support of his information; and (b) the defendant and his witnesses and any other evidence which he adduces in his defence; and (c) any evidence which the informant adduces in reply if the defendant adduces any evidence other than as to his, the defendant's, general character. (2) Subject to the provisions of section 12 of the Evidence Act 1929 every witness shall be examined upon oath. (3) The practice before the Magistrates Court on the hearing of any information with respect to the examination and cross-examination of witnesses and the right of addressing the Court in reply, or otherwise, will be in accordance, as nearly as may be, with the practice for the time being of the Supreme Court upon the trial of an action. 69—After hearing parties, Magistrates Court to convict or dismiss (1) Subject to subsection (2), after the parties and their evidence have been heard, the Magistrates Court must consider the whole matter and determine whether to— (a) convict or make an order against the defendant; or (b) dismiss the information. (2) The Magistrates Court may, at any time before the matter the subject of the hearing in subsection (1) has been finally determined, permit the information to be withdrawn on such terms (if any) as it thinks fit. 69A—Examination of defendant (1) Where the Magistrates Court finds proved any matter alleged in an information (not being a charge of an offence), the Magistrates Court may order that the defendant be examined by a physician, psychiatrist or psychologist directed by the Magistrates Court to conduct the examination and that the defendant submit to the examination. (2) Before making any other order in respect of the defendant, the Magistrates Court may consider and act upon a report on the defendant prepared by the person who conducted the examination: Provided that before the order is made— (a) the contents of the report shall be made known to the defendant, or his counsel or solicitor, if the defendant or his counsel or solicitor so requests; (b) the defendant, or his counsel or solicitor shall, if he so desires, be given an opportunity of cross-examining the person who prepared the report on the matters therein dealt with; (c) the Magistrates Court must, if so required by the defendant, or his counsel or solicitor, procure the attendance of that person before the Magistrates Court for cross‑examination. (3) For the purpose of enabling the defendant to be examined as mentioned in this section, the Magistrates Court may order that the defendant be taken to a suitable place for the examination. (4) This section shall not apply where the defendant is a child under the age of eighteen years.