44Course of hearing

44 Course of hearing

(1)  Rule 35(3) does not apply to the hearing of a complaint for a forfeit.

(2)  If, at a hearing of a complaint for a forfeit –

(a) the defendant has pleaded in accordance with rule 42 ; and

(b) the complainant appears; and

(c) the complainant produces the Form 7 lodged at the public office by the defendant under rule 42(b)  –

the justices are to proceed to hear evidence and legal argument on the issues appearing on the complaint for the forfeit and Form 7.

(3)  Before proceeding under subrule (1) to hear evidence and legal argument on the issues appearing on the complaint for the forfeit and the Form 7, the justices may grant leave for the complaint or Form 7, or both, to be amended.

(4)  If, at a hearing of a complaint for a forfeit, the defendant and complainant both appear and the defendant has not pleaded under rule 42 , the justices are to –

(a) state to the defendant the substance of the complaint; and

(b) ask the defendant how he or she pleads; and

(c) proceed to hear the evidence and legal argument of the issues appearing on the complaint for a forfeit.

(5)  If, at a hearing of a complaint for a forfeit, the defendant does not appear and has not pleaded under rule 42 but the complainant does appear, the justices are to determine the amount of the forfeit as if they were imposing a penalty.