72DSummons and complaint evidence in certain cases

72D Summons and complaint evidence in certain cases

[Section 72D Inserted by No. 66 of 1975, s. 2 ]

(1)  *[Section 72D Subsection (1) substituted by No. 8 of 1994, s. 6 ]*If a person who is served with a summons to answer a complaint of an offence or breach of duty prescribed for the purposes of section 144 (4) (ca) –

(a) does not file a plea of not guilty and does not appear as summoned; or

(b) files a plea of not guilty but does not, after being given notice by a justice or clerk of petty sessions of the time and place fixed for the hearing of the complaint, appear at that hearing; or

(c) pleads not guilty in answer to the complaint, either in person or through counsel, but does not appear at the time and place fixed for the hearing of the complaint –

the complaint and summons may be received in evidence as prima facie proof of the matters contained in them.

(2)  [Section 72D Subsection (2) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] *[Section 72D Subsection (2) substituted by No. 45 of 1986, s. 16 ]*Notwithstanding subsection (1) , a person shall not be imprisoned or sentenced to a community service order, within the meaning of the Sentencing Act 1997 , if that person is not present at the hearing of the complaint referred to in that subsection.