sec.142Proceedings in absence of defendant

### sec.142 Proceedings in absence of defendant If at the time and place so appointed the defendant does not appear when called and the justices are satisfied, on oath or by deposition as provided in section 56 , that the summons was properly served on the defendant a reasonable time before the time appointed for the defendant’s appearance, the justices may— proceed ex parte to hear and determine the case as fully and effectually to all intents and purposes as if the defendant had personally appeared before them in obedience to the said summons; or if satisfied, from information given on oath, that the matter of the complaint is substantiated, issue their warrant to apprehend the defendant and to bring the defendant before justices to answer the complaint and to be further dealt with according to law; or upon the written plea of guilty of the defendant and upon being satisfied that the requirements of section 146A have been complied with in all respects, proceed as prescribed by that section; or because of the absence of any witness or any other reasonable cause, adjourn the hearing to a time and place to be then stated or to be determined as hereinbefore in this Act provided before a court constituted in accordance with this Act by such justices as may then be present. See section 150A for when the justices may, instead of dealing with the complaint under this division, make an order ending the complaint. When the justices proceed as prescribed by subsection (1) (a) or (c) they shall not— order that the defendant be disqualified either absolutely or for any period from holding or obtaining any licence, registration, certificate, permit or other authority under any Act or order that any licence, registration, certificate, permit or other authority held by the defendant under any Act be cancelled or suspended; or order that the defendant be imprisoned (not being imprisonment in default of payment of any penalty, compensation, sum of money or costs adjudged to be paid by the decision of the justices); unless the justices have first adjourned or further adjourned the hearing of the complaint to a time and place appointed by the justices to enable the defendant to appear for the purpose of making submissions on the question of such disqualification, cancellation or suspension or penalty, as the case may be. The clerk of the court shall forthwith after any adjournment under subsection (2) give notice in writing to the defendant informing the defendant of— the time and place to which the hearing is adjourned; and the purpose of the adjournment; and the defendant’s right to be heard at the adjourned hearing. Such notice may be given by service thereof upon the defendant personally or by post at the address of the defendant last known to the clerk of the court. Also, if section 146A applies to the proceeding, a notice required under subsection (3) may be given electronically. If at any time and place to which the hearing is adjourned pursuant to subsection (2) — the defendant does not appear; and it is proved that the notice in writing prescribed by subsection (3) was given to the defendant a reasonable time before the adjourned hearing; the justices then present may proceed as prescribed by subsection (1) (a) or (c) as if subsection (2) had not been enacted. A document purporting to be a duplicate original or a copy of a notice given to the defendant under this section and endorsed with a certificate purporting to be signed by the person by whom the document was served upon the defendant personally or, where the document was served by post, by the clerk of the court to the effect that— the document is a duplicate original or copy of the notice given to the defendant named therein; and the document was served upon the defendant personally, or, as the case may be, was posted to the address appearing therein which was the address of the defendant last known to the clerk; and where the document was served by post—in the ordinary course of post the notice would be delivered on the date specified in such endorsement; shall be evidence that the notice was given to the defendant named therein according to the certificate so endorsed and, where the document was served by post, that the address appearing therein is the address of the defendant last known to the clerk. If, under subsection (3B) , the defendant is given a notice electronically, the clerk of the court may endorse a copy of the notice with a certificate stating the following— that the document is a copy of the notice given to the defendant named in the document; that the notice was given to the defendant electronically; the way in which notice was given electronically to the defendant; the day on which the notice was given electronically to the defendant. A document purporting to be a copy of the notice given to the defendant electronically, signed by the clerk and endorsed with a certificate under subsection (5A) , is evidence that the notice was given to the defendant and of the matters stated in the certificate. Where a case is, at any place, heard and determined ex parte under subsection (1) (a) , any Magistrates Court at that place, upon application made in that behalf by the clerk of the court or the complainant or by the defendant or the defendant’s lawyer within 2 months after such determination, may, for such reason as it thinks proper, grant a rehearing of the complaint upon such terms and subject to the payment of such costs as it thinks fit. When a rehearing is granted— the conviction or order made upon the first hearing shall, subject to the provisions of subsection (8) , forthwith cease to have effect; and the court may proceed with the rehearing forthwith or may set down the rehearing for a later date; and on such rehearing, the court shall have the same powers and shall follow the same procedures as if the rehearing were an original hearing. If the clerk of the court, the complainant or the defendant, as the case may be, does not appear at the time and place for which the rehearing is set down, the court may, if it thinks fit, without rehearing the case, direct that the original conviction or order be restored when it shall be restored to effect accordingly and shall be deemed to be of effect on and from the date it was first pronounced. s 142 amd 1949 13 Geo 6 No. 30 s 20 sub 1963 No. 10 s 3 amd 1964 No. 32 s 62 ; 1968 No. 14 s 13 ; 1973 No. 22 s 7 ; 1974 No. 25 s 10 ; 1992 No. 40 s 77 ; 1995 No. 58 s 4 sch 1 ; 2003 No. 77 s 88 ; 2004 No. 11 s 596 sch 1 ; 2007 No. 37 s 96 ; 2008 No. 59 s 71 ; 2010 No. 42 s 120 sch ; 2014 No. 39 s 59 ; 2017 No. 6 s 58 (sec.142-ssec.1) If at the time and place so appointed the defendant does not appear when called and the justices are satisfied, on oath or by deposition as provided in section 56 , that the summons was properly served on the defendant a reasonable time before the time appointed for the defendant’s appearance, the justices may— proceed ex parte to hear and determine the case as fully and effectually to all intents and purposes as if the defendant had personally appeared before them in obedience to the said summons; or if satisfied, from information given on oath, that the matter of the complaint is substantiated, issue their warrant to apprehend the defendant and to bring the defendant before justices to answer the complaint and to be further dealt with according to law; or upon the written plea of guilty of the defendant and upon being satisfied that the requirements of section 146A have been complied with in all respects, proceed as prescribed by that section; or because of the absence of any witness or any other reasonable cause, adjourn the hearing to a time and place to be then stated or to be determined as hereinbefore in this Act provided before a court constituted in accordance with this Act by such justices as may then be present. See section 150A for when the justices may, instead of dealing with the complaint under this division, make an order ending the complaint. (sec.142-ssec.2) When the justices proceed as prescribed by subsection (1) (a) or (c) they shall not— order that the defendant be disqualified either absolutely or for any period from holding or obtaining any licence, registration, certificate, permit or other authority under any Act or order that any licence, registration, certificate, permit or other authority held by the defendant under any Act be cancelled or suspended; or order that the defendant be imprisoned (not being imprisonment in default of payment of any penalty, compensation, sum of money or costs adjudged to be paid by the decision of the justices); unless the justices have first adjourned or further adjourned the hearing of the complaint to a time and place appointed by the justices to enable the defendant to appear for the purpose of making submissions on the question of such disqualification, cancellation or suspension or penalty, as the case may be. (sec.142-ssec.3) The clerk of the court shall forthwith after any adjournment under subsection (2) give notice in writing to the defendant informing the defendant of— the time and place to which the hearing is adjourned; and the purpose of the adjournment; and the defendant’s right to be heard at the adjourned hearing. (sec.142-ssec.3A) Such notice may be given by service thereof upon the defendant personally or by post at the address of the defendant last known to the clerk of the court. (sec.142-ssec.3B) Also, if section 146A applies to the proceeding, a notice required under subsection (3) may be given electronically. (sec.142-ssec.4) If at any time and place to which the hearing is adjourned pursuant to subsection (2) — the defendant does not appear; and it is proved that the notice in writing prescribed by subsection (3) was given to the defendant a reasonable time before the adjourned hearing; the justices then present may proceed as prescribed by subsection (1) (a) or (c) as if subsection (2) had not been enacted. (sec.142-ssec.5) A document purporting to be a duplicate original or a copy of a notice given to the defendant under this section and endorsed with a certificate purporting to be signed by the person by whom the document was served upon the defendant personally or, where the document was served by post, by the clerk of the court to the effect that— the document is a duplicate original or copy of the notice given to the defendant named therein; and the document was served upon the defendant personally, or, as the case may be, was posted to the address appearing therein which was the address of the defendant last known to the clerk; and where the document was served by post—in the ordinary course of post the notice would be delivered on the date specified in such endorsement; shall be evidence that the notice was given to the defendant named therein according to the certificate so endorsed and, where the document was served by post, that the address appearing therein is the address of the defendant last known to the clerk. (sec.142-ssec.5A) If, under subsection (3B) , the defendant is given a notice electronically, the clerk of the court may endorse a copy of the notice with a certificate stating the following— that the document is a copy of the notice given to the defendant named in the document; that the notice was given to the defendant electronically; the way in which notice was given electronically to the defendant; the day on which the notice was given electronically to the defendant. (sec.142-ssec.5B) A document purporting to be a copy of the notice given to the defendant electronically, signed by the clerk and endorsed with a certificate under subsection (5A) , is evidence that the notice was given to the defendant and of the matters stated in the certificate. (sec.142-ssec.6) Where a case is, at any place, heard and determined ex parte under subsection (1) (a) , any Magistrates Court at that place, upon application made in that behalf by the clerk of the court or the complainant or by the defendant or the defendant’s lawyer within 2 months after such determination, may, for such reason as it thinks proper, grant a rehearing of the complaint upon such terms and subject to the payment of such costs as it thinks fit. (sec.142-ssec.7) When a rehearing is granted— the conviction or order made upon the first hearing shall, subject to the provisions of subsection (8) , forthwith cease to have effect; and the court may proceed with the rehearing forthwith or may set down the rehearing for a later date; and on such rehearing, the court shall have the same powers and shall follow the same procedures as if the rehearing were an original hearing. (sec.142-ssec.8) If the clerk of the court, the complainant or the defendant, as the case may be, does not appear at the time and place for which the rehearing is set down, the court may, if it thinks fit, without rehearing the case, direct that the original conviction or order be restored when it shall be restored to effect accordingly and shall be deemed to be of effect on and from the date it was first pronounced. - (a) proceed ex parte to hear and determine the case as fully and effectually to all intents and purposes as if the defendant had personally appeared before them in obedience to the said summons; or - (b) if satisfied, from information given on oath, that the matter of the complaint is substantiated, issue their warrant to apprehend the defendant and to bring the defendant before justices to answer the complaint and to be further dealt with according to law; or - (c) upon the written plea of guilty of the defendant and upon being satisfied that the requirements of section 146A have been complied with in all respects, proceed as prescribed by that section; or - (d) because of the absence of any witness or any other reasonable cause, adjourn the hearing to a time and place to be then stated or to be determined as hereinbefore in this Act provided before a court constituted in accordance with this Act by such justices as may then be present. - (a) order that the defendant be disqualified either absolutely or for any period from holding or obtaining any licence, registration, certificate, permit or other authority under any Act or order that any licence, registration, certificate, permit or other authority held by the defendant under any Act be cancelled or suspended; or - (b) order that the defendant be imprisoned (not being imprisonment in default of payment of any penalty, compensation, sum of money or costs adjudged to be paid by the decision of the justices); - (a) the time and place to which the hearing is adjourned; and - (b) the purpose of the adjournment; and - (c) the defendant’s right to be heard at the adjourned hearing. - (a) the defendant does not appear; and - (b) it is proved that the notice in writing prescribed by subsection (3) was given to the defendant a reasonable time before the adjourned hearing; - (a) the document is a duplicate original or copy of the notice given to the defendant named therein; and - (b) the document was served upon the defendant personally, or, as the case may be, was posted to the address appearing therein which was the address of the defendant last known to the clerk; and - (c) where the document was served by post—in the ordinary course of post the notice would be delivered on the date specified in such endorsement; - (a) that the document is a copy of the notice given to the defendant named in the document; - (b) that the notice was given to the defendant electronically; - (c) the way in which notice was given electronically to the defendant; - (d) the day on which the notice was given electronically to the defendant. - (a) the conviction or order made upon the first hearing shall, subject to the provisions of subsection (8) , forthwith cease to have effect; and - (b) the court may proceed with the rehearing forthwith or may set down the rehearing for a later date; and - (c) on such rehearing, the court shall have the same powers and shall follow the same procedures as if the rehearing were an original hearing.