196Procedure if accused person not present

#### 196 Procedure if accused person not present 196 Procedure if accused person not present > > (1) If the accused person is not present at the day, time and place set for the hearing and determination of the matter (including a day to which the hearing has been adjourned), the court may proceed to hear and determine the matter in the absence of the accused person in accordance with this Division. > > > (2) If— > > > > > (a) a penalty notice enforcement order is annulled under Division 5 of Part 3 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099) and the order (together with any annexure) is taken to be a court attendance notice in relation to the offence, and > > > > > (b) the accused person has been given notice of the hearing of the matter of the court attendance notice, and > > > > > (c) the accused person does not appear on the day and at the time and place specified by the court attendance notice, > > > > the court may proceed to hear and determine the matter in the absence of the accused person in accordance with this Division. > > > (3) The court may not proceed to hear and determine the matter unless it is satisfied that the accused person had reasonable notice of the first return date or the date, time and place of the hearing. > > > (4) If an offence is an indictable offence that may be dealt with summarily only if the accused person consents, the absence of the accused person is taken to be consent to the offence being dealt with summarily and the offence may be dealt with in accordance with this Division. > > **s 196:** Ins 2001 No 119, Sch 1 \[82\].