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](#GS144@EN) [(4)](#GS144@Gs4@EN) [(ca)](#GS144@Gs4@Hpca@EN) – > > > > > > (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)  [*\[Section 72D Subsection (2) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja9@GC3@EN) *\[Section 72D Subsection (2) substituted by No. 45 of 1986, s. 16 \]*Notwithstanding [subsection (1)](#GS72D@Gs1@EN) , a person shall not be imprisoned or sentenced to a community service order, within the meaning of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) , if that person is not present at the hearing of the complaint referred to in that subsection.