249Procedure where prosecutor does not, but accused person does, appear

#### 249 Procedure where prosecutor does not, but accused person does, appear 249 Procedure where prosecutor does not, but accused person does, appear > > (1) If the prosecutor does not appear on the day and at the time and place set by an order under Division 2 (or on a day to which a hearing has been adjourned), but the accused person attends, the court, if satisfied that the prosecutor was notified of the day, time and place— > > > > > (a) must discharge the accused person as to the offence the subject of the proceedings, with or without costs, or > > > > > (b) if the court thinks it appropriate, adjourn the hearing to a specified time and place. > > > (2) Subsection (1) does not empower the court to order costs to be paid in proceedings for an offence referred to in section 475A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > > (3) Division 4 applies to any award of costs arising from proceedings being dealt with under subsection (1). > > **s 249:** Ins 2001 No 119, Sch 1 \[82\]. Am 2006 No 23, Sch 2 \[6\].