sec.146AProceeding at the hearing on defendant’s confession in absentia

### sec.146A Proceeding at the hearing on defendant’s confession in absentia This section applies if a defendant, under a summons or a condition of the defendant’s bail or by a notice given to the defendant under the Bail Act 1980 , is required to appear before a Magistrates Court or justices to answer a complaint, other than a complaint of— an indictable offence; or an offence prescribed by regulation for the purposes of this paragraph; or an offence in relation to which another Act requires the court or justices to proceed in a way different from that provided by this section. Where the clerk of the court receives a notification (a defendant’s plea notification ) in writing purporting to be given by the defendant or by a lawyer acting on the defendant’s behalf that the defendant wishes to plead guilty 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, then— the justices may proceed to hear and determine the case in the absence of— the defendant in the same way as if the defendant had appeared and pleaded guilty; and if the complainant consents to the justices hearing and determining the matter in the complainant’s absence—the complainant; or if the justices decide not to proceed as aforesaid, they shall adjourn or further adjourn the hearing for the purpose of dealing with the complaint as if the defendant’s plea notification had not been given. However— if at any time before the hearing the clerk of the court receives an intimation in writing purporting to be given by or on behalf of the defendant that the defendant wishes to withdraw the defendant’s plea notification, the justices shall deal with the complaint as if this section had not been passed; and before accepting the plea of guilty and convicting the defendant in the defendant’s absence under subsection (2) , the justices must— if the complainant has consented to the justices hearing and determining the matter in the complainant’s absence under subsection (2) (a) (ii) , consider— the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices’ attention in relation to mitigation of penalty; and any other written information with respect to the facts relating to the offence to be made by or on behalf of the complainant; or otherwise— cause the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices attention in relation to mitigation of penalty to be read out before the court; and require a statement with respect to the facts relating to the offence to be made by or on behalf of the complainant. Also, if the clerk of the court receives a defendant’s plea notification, the clerk may change the time appointed for the hearing of the complaint to which the notification relates to an earlier time not less than 7 business days after the day on which the clerk gives the parties notice of under subsection (2C) . If the clerk of the court changes the time appointed for the hearing of the complaint under subsection (2B) , the clerk must, as soon as practicable, give written notice of the new time appointed for the hearing to the complainant and defendant. The clerk may give a notice required under subsection (2C) electronically. Section 142 (1) (b) shall not apply to an adjournment by reason of the requirements of subsection (2) (b) . In relation to such an adjournment, the adjourned hearing shall not be resumed at the appointed time and place unless the justices are satisfied that the defendant has had adequate notice thereof. The defendant shall be deemed to have had adequate notice of the adjourned hearing if notice thereof has been given to the defendant as a notice of adjournment may be given for the purposes of section 142 under subsection (3) of that section, and subsections (3) and (5) of that section shall, with and subject to all necessary adaptations, apply accordingly. Also, if the defendant’s plea notification was received electronically, the defendant is taken to have had adequate notice of the adjourned hearing if the defendant has been given notice of the adjournment electronically. If, under subsection (3C) , the defendant is given notice of the adjournment electronically, the clerk 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 of the adjournment given to the defendant electronically, signed by the clerk and endorsed with a certificate under subsection (3D) , is evidence that the notice was given to the defendant and of the matters stated in the certificate. Also, despite section 150 (3) , if the justices convict a person in the person’s absence under subsection (2) , notice of the conviction or order may be given to the person electronically. If subsection (3F) applies, section 150 (5) applies to a warrant of commitment or execution in relation to the conviction or order as if the reference in that subsection to subsection (3) were a reference to subsection (3F) of this section. Where justices convict a person in the person’s absence under subsection (2) for an offence upon conviction wherefore the justices may, whether or not they impose a penalty, order the defendant to pay any fee, charge or other sum of money whatsoever to any person or authority, then— upon proof to the satisfaction of the justices, on oath or in the prescribed manner, that there has been served upon the defendant with the summons, or a reasonable time before the time appointed for the appearance of the defendant, a notice informing the defendant that if the defendant is convicted of the offence referred to in the summons application will be made to the court to order the defendant to pay the amount stated in the notice of such fee, charge or other sum of money; and upon being satisfied that the amount or any part of the amount stated in such notice, should have been, but has not been, paid by the defendant to such person or authority in respect of such fee, charge or other sum of money; the justices may, in addition to the penalty (if any) imposed for the offence, order the defendant to pay such unpaid amount or part. A person who serves a notice referred to in subsection (4) may serve such notice in the same manner as is provided for the service of a summons by this Act and may attend before any justice having jurisdiction in the State or part of the State or part of the Commonwealth in which such notice was served, and depose, on oath and in writing endorsed on the notice, to the service thereof. Such deposition shall upon production to the justices by whom the case is heard and determined be sufficient proof of the service of the notice on the defendant. s 146A ins 1963 No. 10 s 4 amd 1964 No. 32 s 67 ; 1992 No. 40 s 80 ; 2004 No. 11 s 596 sch 1 ; 2005 No. 70 s 111 ; 2010 No. 42 s 120 sch ; 2014 No. 39 s 61 (sec.146A-ssec.1) This section applies if a defendant, under a summons or a condition of the defendant’s bail or by a notice given to the defendant under the Bail Act 1980 , is required to appear before a Magistrates Court or justices to answer a complaint, other than a complaint of— an indictable offence; or an offence prescribed by regulation for the purposes of this paragraph; or an offence in relation to which another Act requires the court or justices to proceed in a way different from that provided by this section. (sec.146A-ssec.2) Where the clerk of the court receives a notification (a defendant’s plea notification ) in writing purporting to be given by the defendant or by a lawyer acting on the defendant’s behalf that the defendant wishes to plead guilty 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, then— the justices may proceed to hear and determine the case in the absence of— the defendant in the same way as if the defendant had appeared and pleaded guilty; and if the complainant consents to the justices hearing and determining the matter in the complainant’s absence—the complainant; or if the justices decide not to proceed as aforesaid, they shall adjourn or further adjourn the hearing for the purpose of dealing with the complaint as if the defendant’s plea notification had not been given. (sec.146A-ssec.2A) However— if at any time before the hearing the clerk of the court receives an intimation in writing purporting to be given by or on behalf of the defendant that the defendant wishes to withdraw the defendant’s plea notification, the justices shall deal with the complaint as if this section had not been passed; and before accepting the plea of guilty and convicting the defendant in the defendant’s absence under subsection (2) , the justices must— if the complainant has consented to the justices hearing and determining the matter in the complainant’s absence under subsection (2) (a) (ii) , consider— the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices’ attention in relation to mitigation of penalty; and any other written information with respect to the facts relating to the offence to be made by or on behalf of the complainant; or otherwise— cause the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices attention in relation to mitigation of penalty to be read out before the court; and require a statement with respect to the facts relating to the offence to be made by or on behalf of the complainant. (sec.146A-ssec.2B) Also, if the clerk of the court receives a defendant’s plea notification, the clerk may change the time appointed for the hearing of the complaint to which the notification relates to an earlier time not less than 7 business days after the day on which the clerk gives the parties notice of under subsection (2C) . (sec.146A-ssec.2C) If the clerk of the court changes the time appointed for the hearing of the complaint under subsection (2B) , the clerk must, as soon as practicable, give written notice of the new time appointed for the hearing to the complainant and defendant. (sec.146A-ssec.2D) The clerk may give a notice required under subsection (2C) electronically. (sec.146A-ssec.3) Section 142 (1) (b) shall not apply to an adjournment by reason of the requirements of subsection (2) (b) . (sec.146A-ssec.3A) In relation to such an adjournment, the adjourned hearing shall not be resumed at the appointed time and place unless the justices are satisfied that the defendant has had adequate notice thereof. (sec.146A-ssec.3B) The defendant shall be deemed to have had adequate notice of the adjourned hearing if notice thereof has been given to the defendant as a notice of adjournment may be given for the purposes of section 142 under subsection (3) of that section, and subsections (3) and (5) of that section shall, with and subject to all necessary adaptations, apply accordingly. (sec.146A-ssec.3C) Also, if the defendant’s plea notification was received electronically, the defendant is taken to have had adequate notice of the adjourned hearing if the defendant has been given notice of the adjournment electronically. (sec.146A-ssec.3D) If, under subsection (3C) , the defendant is given notice of the adjournment electronically, the clerk 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.146A-ssec.3E) A document purporting to be a copy of the notice of the adjournment given to the defendant electronically, signed by the clerk and endorsed with a certificate under subsection (3D) , is evidence that the notice was given to the defendant and of the matters stated in the certificate. (sec.146A-ssec.3F) Also, despite section 150 (3) , if the justices convict a person in the person’s absence under subsection (2) , notice of the conviction or order may be given to the person electronically. (sec.146A-ssec.3G) If subsection (3F) applies, section 150 (5) applies to a warrant of commitment or execution in relation to the conviction or order as if the reference in that subsection to subsection (3) were a reference to subsection (3F) of this section. (sec.146A-ssec.4) Where justices convict a person in the person’s absence under subsection (2) for an offence upon conviction wherefore the justices may, whether or not they impose a penalty, order the defendant to pay any fee, charge or other sum of money whatsoever to any person or authority, then— upon proof to the satisfaction of the justices, on oath or in the prescribed manner, that there has been served upon the defendant with the summons, or a reasonable time before the time appointed for the appearance of the defendant, a notice informing the defendant that if the defendant is convicted of the offence referred to in the summons application will be made to the court to order the defendant to pay the amount stated in the notice of such fee, charge or other sum of money; and upon being satisfied that the amount or any part of the amount stated in such notice, should have been, but has not been, paid by the defendant to such person or authority in respect of such fee, charge or other sum of money; the justices may, in addition to the penalty (if any) imposed for the offence, order the defendant to pay such unpaid amount or part. (sec.146A-ssec.5) A person who serves a notice referred to in subsection (4) may serve such notice in the same manner as is provided for the service of a summons by this Act and may attend before any justice having jurisdiction in the State or part of the State or part of the Commonwealth in which such notice was served, and depose, on oath and in writing endorsed on the notice, to the service thereof. (sec.146A-ssec.6) Such deposition shall upon production to the justices by whom the case is heard and determined be sufficient proof of the service of the notice on the defendant. - (a) an indictable offence; or - (c) an offence prescribed by regulation for the purposes of this paragraph; or - (d) an offence in relation to which another Act requires the court or justices to proceed in a way different from that provided by this section. - (a) the justices may proceed to hear and determine the case in the absence of— (i) the defendant in the same way as if the defendant had appeared and pleaded guilty; and (ii) if the complainant consents to the justices hearing and determining the matter in the complainant’s absence—the complainant; or - (i) the defendant in the same way as if the defendant had appeared and pleaded guilty; and - (ii) if the complainant consents to the justices hearing and determining the matter in the complainant’s absence—the complainant; or - (b) if the justices decide not to proceed as aforesaid, they shall adjourn or further adjourn the hearing for the purpose of dealing with the complaint as if the defendant’s plea notification had not been given. - (i) the defendant in the same way as if the defendant had appeared and pleaded guilty; and - (ii) if the complainant consents to the justices hearing and determining the matter in the complainant’s absence—the complainant; or - (a) if at any time before the hearing the clerk of the court receives an intimation in writing purporting to be given by or on behalf of the defendant that the defendant wishes to withdraw the defendant’s plea notification, the justices shall deal with the complaint as if this section had not been passed; and - (b) before accepting the plea of guilty and convicting the defendant in the defendant’s absence under subsection (2) , the justices must— (i) if the complainant has consented to the justices hearing and determining the matter in the complainant’s absence under subsection (2) (a) (ii) , consider— (A) the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices’ attention in relation to mitigation of penalty; and (B) any other written information with respect to the facts relating to the offence to be made by or on behalf of the complainant; or (ii) otherwise— (A) cause the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices attention in relation to mitigation of penalty to be read out before the court; and (B) require a statement with respect to the facts relating to the offence to be made by or on behalf of the complainant. - (i) if the complainant has consented to the justices hearing and determining the matter in the complainant’s absence under subsection (2) (a) (ii) , consider— (A) the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices’ attention in relation to mitigation of penalty; and (B) any other written information with respect to the facts relating to the offence to be made by or on behalf of the complainant; or - (A) the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices’ attention in relation to mitigation of penalty; and - (B) any other written information with respect to the facts relating to the offence to be made by or on behalf of the complainant; or - (ii) otherwise— (A) cause the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices attention in relation to mitigation of penalty to be read out before the court; and (B) require a statement with respect to the facts relating to the offence to be made by or on behalf of the complainant. - (A) cause the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices attention in relation to mitigation of penalty to be read out before the court; and - (B) require a statement with respect to the facts relating to the offence to be made by or on behalf of the complainant. - (i) if the complainant has consented to the justices hearing and determining the matter in the complainant’s absence under subsection (2) (a) (ii) , consider— (A) the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices’ attention in relation to mitigation of penalty; and (B) any other written information with respect to the facts relating to the offence to be made by or on behalf of the complainant; or - (A) the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices’ attention in relation to mitigation of penalty; and - (B) any other written information with respect to the facts relating to the offence to be made by or on behalf of the complainant; or - (ii) otherwise— (A) cause the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices attention in relation to mitigation of penalty to be read out before the court; and (B) require a statement with respect to the facts relating to the offence to be made by or on behalf of the complainant. - (A) cause the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices attention in relation to mitigation of penalty to be read out before the court; and - (B) require a statement with respect to the facts relating to the offence to be made by or on behalf of the complainant. - (A) the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices’ attention in relation to mitigation of penalty; and - (B) any other written information with respect to the facts relating to the offence to be made by or on behalf of the complainant; or - (A) cause the defendant’s plea notification and any submission given with the notification by or on behalf of the defendant that the defendant wishes to be brought to the justices attention in relation to mitigation of penalty to be read out before the court; and - (B) require a statement with respect to the facts relating to the offence to be made by or on behalf of the complainant. - (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) upon proof to the satisfaction of the justices, on oath or in the prescribed manner, that there has been served upon the defendant with the summons, or a reasonable time before the time appointed for the appearance of the defendant, a notice informing the defendant that if the defendant is convicted of the offence referred to in the summons application will be made to the court to order the defendant to pay the amount stated in the notice of such fee, charge or other sum of money; and - (b) upon being satisfied that the amount or any part of the amount stated in such notice, should have been, but has not been, paid by the defendant to such person or authority in respect of such fee, charge or other sum of money;