sec.142APermissible procedure in absence of defendant in certain cases

### sec.142A Permissible procedure in absence of defendant in certain cases Notwithstanding the provisions of this Act or any other Act it shall be lawful to adopt in respect of a complaint of a simple offence or breach of duty made by a public officer or a police officer the procedure prescribed by this section. Every step or proceeding to be taken in carrying out such procedure and the making of any order in the course thereof shall be subject to the provisions of this Act (other than of this section) other than so far as this section is inconsistent with the other provisions of this Act. Where— a complaint of a simple offence or breach of duty is made by a public officer or a police officer; and the defendant is required to appear at a time and place fixed for the hearing of the complaint— by a summons issued on the complaint and served at least 14 days before the date on which the defendant is required by the summons to appear; or under a condition of the defendant’s bail or by a notice given to the defendant under the Bail Act 1980 ; or by a notice of adjournment given to the defendant a reasonable time before the date previously fixed for the hearing of the complaint; and the defendant does not appear at the time and place fixed for the hearing of the complaint; the court before which the complaint comes for hearing, whether on the return date or an adjourned date, may, if it is satisfied that the facts as alleged in or annexed to or served with the complaint or summons or as stated by the complainant according to law constitute such a simple offence or breach of duty and that reasonably sufficient particulars thereof are set out in or annexed to or served with the complaint or summons or are stated by the complainant, deal with and determine the matter of the complaint as fully and effectually to all intents and purposes as if the said facts and particulars had been established by evidence under oath before it and as if the defendant had personally appeared at the time and place fixed for the hearing of the complaint. In dealing with and determining a complaint pursuant to subsection (4) the court may take into account any information considered by it to be relevant brought to its notice by or on behalf of the complainant or defendant in relation to the circumstances of the matter of the complaint and the imposition of a penalty. If in respect of a proceeding under subsection (4) the court considers that— the defendant should be imprisoned otherwise than by way of default; or any licence, registration, certificate, permit or other authority held by the defendant under any Act should be cancelled or suspended; or the defendant should be disqualified from holding or obtaining any licence, registration, certificate, permit or other authority under any Act; it shall not deal further with the complaint in such proceeding unless it has first adjourned or further adjourned the hearing of the complaint to a time and place appointed by it to enable the defendant to appear for the purpose of making submissions on the question of such penalty, disqualification, cancellation or suspension, as the case may be. The clerk of the court shall forthwith after any adjournment of a hearing under this section 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 (7) may be given electronically. If at any time and place to which a hearing is adjourned under this section— the defendant does not appear; and it is proved that the notice in writing prescribed by subsection (7) was given to the defendant a reasonable time before the adjourned hearing; the court may proceed as prescribed by subsection (4) and, if the hearing is adjourned pursuant to subsection (6) , may proceed as prescribed by subsection (4) as if subsection (6) 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 (7B) , 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 (9A) , is evidence that the notice was given to the defendant and of the matters stated in the certificate. The clerk of the court shall forthwith upon the determination of the matter of a complaint pursuant to this section send by post to the defendant at the defendant’s address last known to the clerk an advice of the minute or memorandum of the conviction or order made and signed under section 150 . Also, despite subsection (10) and section 150 (3) , if the justices convict a person in a proceeding to which section 146A applies, notice of the conviction or order may be given to the person electronically. The advice shall set forth a statement to the effect of the provisions of subsections (11) to (12B) . A warrant of commitment or execution shall not issue until after the expiration of 2 months from the date of the conviction or order. Upon the determination of the matter of a complaint in accordance with the provisions of this section, the court at the place of determination, 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 in the first instance shall, subject to subsection (12B) , 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 and may exercise all the powers and procedures that it has in the case of 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 whereupon it shall be restored to have effect accordingly and shall be deemed to be of effect on and from the date it was first pronounced. The jurisdiction of the court under this section other than with respect to an adjournment may be exercised only by a magistrate. For the purposes of this section, a complaint that purports to have been laid by a public officer or by a police officer, shall, until the contrary is proved, be presumed to have been so laid. To remove any doubt, it is declared that this section also applies if a person fails to appear before a court after the person is granted bail, or permitted to go at large without bail, under the Bail Act 1980 . s 142A ins 1974 No. 25 s 11 amd 1992 No. 40 s 78 ; 2000 No. 58 s 2 sch ; 2004 No. 11 s 596 sch 1 ; 2004 No. 43 s 56 ; 2005 No. 70 s 110 ; 2008 No. 59 s 72 ; 2010 No. 26 s 91 ; 2010 No. 42 s 120 sch ; 2014 No. 39 s 60 (sec.142A-ssec.1) Notwithstanding the provisions of this Act or any other Act it shall be lawful to adopt in respect of a complaint of a simple offence or breach of duty made by a public officer or a police officer the procedure prescribed by this section. (sec.142A-ssec.2) Every step or proceeding to be taken in carrying out such procedure and the making of any order in the course thereof shall be subject to the provisions of this Act (other than of this section) other than so far as this section is inconsistent with the other provisions of this Act. (sec.142A-ssec.4) Where— a complaint of a simple offence or breach of duty is made by a public officer or a police officer; and the defendant is required to appear at a time and place fixed for the hearing of the complaint— by a summons issued on the complaint and served at least 14 days before the date on which the defendant is required by the summons to appear; or under a condition of the defendant’s bail or by a notice given to the defendant under the Bail Act 1980 ; or by a notice of adjournment given to the defendant a reasonable time before the date previously fixed for the hearing of the complaint; and the defendant does not appear at the time and place fixed for the hearing of the complaint; the court before which the complaint comes for hearing, whether on the return date or an adjourned date, may, if it is satisfied that the facts as alleged in or annexed to or served with the complaint or summons or as stated by the complainant according to law constitute such a simple offence or breach of duty and that reasonably sufficient particulars thereof are set out in or annexed to or served with the complaint or summons or are stated by the complainant, deal with and determine the matter of the complaint as fully and effectually to all intents and purposes as if the said facts and particulars had been established by evidence under oath before it and as if the defendant had personally appeared at the time and place fixed for the hearing of the complaint. (sec.142A-ssec.5) In dealing with and determining a complaint pursuant to subsection (4) the court may take into account any information considered by it to be relevant brought to its notice by or on behalf of the complainant or defendant in relation to the circumstances of the matter of the complaint and the imposition of a penalty. (sec.142A-ssec.6) If in respect of a proceeding under subsection (4) the court considers that— the defendant should be imprisoned otherwise than by way of default; or any licence, registration, certificate, permit or other authority held by the defendant under any Act should be cancelled or suspended; or the defendant should be disqualified from holding or obtaining any licence, registration, certificate, permit or other authority under any Act; it shall not deal further with the complaint in such proceeding unless it has first adjourned or further adjourned the hearing of the complaint to a time and place appointed by it to enable the defendant to appear for the purpose of making submissions on the question of such penalty, disqualification, cancellation or suspension, as the case may be. (sec.142A-ssec.7) The clerk of the court shall forthwith after any adjournment of a hearing under this section 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.142A-ssec.7A) 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.142A-ssec.7B) Also, if section 146A applies to the proceeding, a notice required under subsection (7) may be given electronically. (sec.142A-ssec.8) If at any time and place to which a hearing is adjourned under this section— the defendant does not appear; and it is proved that the notice in writing prescribed by subsection (7) was given to the defendant a reasonable time before the adjourned hearing; the court may proceed as prescribed by subsection (4) and, if the hearing is adjourned pursuant to subsection (6) , may proceed as prescribed by subsection (4) as if subsection (6) had not been enacted. (sec.142A-ssec.9) 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.142A-ssec.9A) If, under subsection (7B) , 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.142A-ssec.9B) 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 (9A) , is evidence that the notice was given to the defendant and of the matters stated in the certificate. (sec.142A-ssec.10) The clerk of the court shall forthwith upon the determination of the matter of a complaint pursuant to this section send by post to the defendant at the defendant’s address last known to the clerk an advice of the minute or memorandum of the conviction or order made and signed under section 150 . (sec.142A-ssec.10AA) Also, despite subsection (10) and section 150 (3) , if the justices convict a person in a proceeding to which section 146A applies, notice of the conviction or order may be given to the person electronically. (sec.142A-ssec.10A) The advice shall set forth a statement to the effect of the provisions of subsections (11) to (12B) . (sec.142A-ssec.11) A warrant of commitment or execution shall not issue until after the expiration of 2 months from the date of the conviction or order. (sec.142A-ssec.12) Upon the determination of the matter of a complaint in accordance with the provisions of this section, the court at the place of determination, 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.142A-ssec.12A) When a rehearing is granted— the conviction or order made in the first instance shall, subject to subsection (12B) , 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 and may exercise all the powers and procedures that it has in the case of an original hearing. (sec.142A-ssec.12B) 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 whereupon it shall be restored to have effect accordingly and shall be deemed to be of effect on and from the date it was first pronounced. (sec.142A-ssec.13) The jurisdiction of the court under this section other than with respect to an adjournment may be exercised only by a magistrate. (sec.142A-ssec.14) For the purposes of this section, a complaint that purports to have been laid by a public officer or by a police officer, shall, until the contrary is proved, be presumed to have been so laid. (sec.142A-ssec.15) To remove any doubt, it is declared that this section also applies if a person fails to appear before a court after the person is granted bail, or permitted to go at large without bail, under the Bail Act 1980 . - (a) a complaint of a simple offence or breach of duty is made by a public officer or a police officer; and - (b) the defendant is required to appear at a time and place fixed for the hearing of the complaint— (i) by a summons issued on the complaint and served at least 14 days before the date on which the defendant is required by the summons to appear; or (ii) under a condition of the defendant’s bail or by a notice given to the defendant under the Bail Act 1980 ; or (iii) by a notice of adjournment given to the defendant a reasonable time before the date previously fixed for the hearing of the complaint; and - (i) by a summons issued on the complaint and served at least 14 days before the date on which the defendant is required by the summons to appear; or - (ii) under a condition of the defendant’s bail or by a notice given to the defendant under the Bail Act 1980 ; or - (iii) by a notice of adjournment given to the defendant a reasonable time before the date previously fixed for the hearing of the complaint; and - (c) the defendant does not appear at the time and place fixed for the hearing of the complaint; - (i) by a summons issued on the complaint and served at least 14 days before the date on which the defendant is required by the summons to appear; or - (ii) under a condition of the defendant’s bail or by a notice given to the defendant under the Bail Act 1980 ; or - (iii) by a notice of adjournment given to the defendant a reasonable time before the date previously fixed for the hearing of the complaint; and - (a) the defendant should be imprisoned otherwise than by way of default; or - (b) any licence, registration, certificate, permit or other authority held by the defendant under any Act should be cancelled or suspended; or - (c) the defendant should be disqualified from holding or obtaining any licence, registration, certificate, permit or other authority under any Act; - (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 (7) 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 in the first instance shall, subject to subsection (12B) , 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 and may exercise all the powers and procedures that it has in the case of an original hearing.