sec.140Adjournment to different place

### sec.140 Adjournment to different place When 2 or more places are appointed for holding Magistrates Courts in a district, and in any other case in which a complaint of a simple offence or breach of duty may lawfully be heard and determined at any 1 of 2 or more places then, if, at the hearing of the complaint at 1 of such places, it appears to the justices, either of their own motion or upon the submission of the complainant or defendant made in writing to or by appearance before the justices, that the hearing would more conveniently take place or the decision be more conveniently given at another of such places, the justices may adjourn the hearing or, as the case may require, the giving of the decision to such other place, and may commit the defendant in the meantime or grant the defendant bail. Upon such adjournment, the defendant and, in the case of an adjournment of the hearing, every witness summoned to give evidence and who has not been discharged by the court from further attendance, shall be bound to attend at such time and place accordingly. Where 2 or more places are appointed for holding Magistrates Courts in a district and the clerk of the court at 1 such place receives a notification in writing purporting to be given by a defendant or by a lawyer acting on the defendant’s behalf that the defendant wishes to plead guilty in respect of a complaint of a simple offence or breach of duty appointed by the summons to be heard at that place without appearing before the court and the defendant does not appear at the time and place appointed for the hearing or adjourned hearing of the complaint, that clerk of the court, if the clerk of the court considers that the hearing of the complaint would more conveniently take place at another place for holding a court in that district, shall refer the matter to justices constituting a court in that district, and the justices may proceed to hear and determine the case in another such place in the district in the absence of the defendant in like manner as if the defendant had appeared and pleaded guilty. The clerk of the court receiving the notification in the first instance shall, on the decision being made by justices and communicated to the clerk of the court to hear and determine the case at another place in the district, forthwith transmit such notification together with the complaint, the summons issued thereon and all other documents relevant to the complaint that the clerk of the court has in his or her possession to the clerk of the court at such other place. Sections 142 and 146A apply subject to subsections (2) and (2A) in a case to which the subsections apply. Where 2 or more places are appointed for holding Magistrates Courts in a district and a defendant does not appear at 1 such place at the time appointed by the summons for appearance there for the hearing and determining of a complaint of a simple offence or breach of duty, the hearings there may be adjourned pursuant to this Act and thereafter justices may proceed ex parte to hear and determine the case at another place in the district appointed for holding a court as fully and effectually as if they were hearing and determining the case at the first mentioned place in the first instance. Where the defendant has not so appeared at the firstmentioned place at the time appointed, the justices may proceed ex parte as aforesaid without any further notification to the defendant. The clerk of the court at the firstmentioned place shall, on the decision being made by justices and communicated to the clerk of the court to hear and determine the case at another place in the district, forthwith transmit the complaint, the summons issued thereon and all other documents relevant to the complaint that the clerk of the court has in his or her possession to the clerk of the court at the other place in the district where the case is to be heard and determined, and any witness summoned to give evidence and who has not been discharged by the court from further attendance shall be bound to attend at such other place at the time appointed accordingly. Section 142 applies subject to this section and section 142 (6) applies as if a hearing and determination ex parte under this subsection is a hearing and determination ex parte under section 142 (1) (a) . s 140 amd 1964 No. 32 s 61 ; 1974 No. 25 s 9 ; 1980 No. 35 s 4 (1) sch 1 ; 2004 No. 11 s 596 sch 1 (sec.140-ssec.1) When 2 or more places are appointed for holding Magistrates Courts in a district, and in any other case in which a complaint of a simple offence or breach of duty may lawfully be heard and determined at any 1 of 2 or more places then, if, at the hearing of the complaint at 1 of such places, it appears to the justices, either of their own motion or upon the submission of the complainant or defendant made in writing to or by appearance before the justices, that the hearing would more conveniently take place or the decision be more conveniently given at another of such places, the justices may adjourn the hearing or, as the case may require, the giving of the decision to such other place, and may commit the defendant in the meantime or grant the defendant bail. (sec.140-ssec.1A) Upon such adjournment, the defendant and, in the case of an adjournment of the hearing, every witness summoned to give evidence and who has not been discharged by the court from further attendance, shall be bound to attend at such time and place accordingly. (sec.140-ssec.2) Where 2 or more places are appointed for holding Magistrates Courts in a district and the clerk of the court at 1 such place receives a notification in writing purporting to be given by a defendant or by a lawyer acting on the defendant’s behalf that the defendant wishes to plead guilty in respect of a complaint of a simple offence or breach of duty appointed by the summons to be heard at that place without appearing before the court and the defendant does not appear at the time and place appointed for the hearing or adjourned hearing of the complaint, that clerk of the court, if the clerk of the court considers that the hearing of the complaint would more conveniently take place at another place for holding a court in that district, shall refer the matter to justices constituting a court in that district, and the justices may proceed to hear and determine the case in another such place in the district in the absence of the defendant in like manner as if the defendant had appeared and pleaded guilty. (sec.140-ssec.2A) The clerk of the court receiving the notification in the first instance shall, on the decision being made by justices and communicated to the clerk of the court to hear and determine the case at another place in the district, forthwith transmit such notification together with the complaint, the summons issued thereon and all other documents relevant to the complaint that the clerk of the court has in his or her possession to the clerk of the court at such other place. (sec.140-ssec.2B) Sections 142 and 146A apply subject to subsections (2) and (2A) in a case to which the subsections apply. (sec.140-ssec.3) Where 2 or more places are appointed for holding Magistrates Courts in a district and a defendant does not appear at 1 such place at the time appointed by the summons for appearance there for the hearing and determining of a complaint of a simple offence or breach of duty, the hearings there may be adjourned pursuant to this Act and thereafter justices may proceed ex parte to hear and determine the case at another place in the district appointed for holding a court as fully and effectually as if they were hearing and determining the case at the first mentioned place in the first instance. (sec.140-ssec.4) Where the defendant has not so appeared at the firstmentioned place at the time appointed, the justices may proceed ex parte as aforesaid without any further notification to the defendant. (sec.140-ssec.5) The clerk of the court at the firstmentioned place shall, on the decision being made by justices and communicated to the clerk of the court to hear and determine the case at another place in the district, forthwith transmit the complaint, the summons issued thereon and all other documents relevant to the complaint that the clerk of the court has in his or her possession to the clerk of the court at the other place in the district where the case is to be heard and determined, and any witness summoned to give evidence and who has not been discharged by the court from further attendance shall be bound to attend at such other place at the time appointed accordingly. (sec.140-ssec.6) Section 142 applies subject to this section and section 142 (6) applies as if a hearing and determination ex parte under this subsection is a hearing and determination ex parte under section 142 (1) (a) .