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.

(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].