65Power of the Court to adjourn hearing

65 Power of the Court to adjourn hearing (1) The hearing of a complaint may be adjourned by the Court from time to time, and at any time before it is completed. (2) Every such adjournment shall be to a time and place appointed and stated by the Court in the presence and hearing of the party or parties then present. (3) The adjournment shall be allowed upon such (if any) terms as the Court thinks fit, and in the meantime the Court may remand the defendant into custody, grant him bail in accordance with the Bail Act 1982, or dispense with the requirements for bail pursuant to the Bail Act 1982. (4) The Court may, in any case where the defendant has been remanded into custody, order the defendant to be brought before the Court for the hearing or the continuation of the hearing at any time before the expiration of the period for which the hearing has been adjourned, and the Commissioner of Correctional Services or any officer in whose custody the defendant is shall duly obey the order. (5) If a defendant, who has been released on bail in accordance with the Bail Act 1982 or in respect of whom the requirement of bail has been dispensed with pursuant to that Act, fails to appear at the time and place appointed under subsection (2): (a) the Court may issue a warrant for the apprehension of the defendant and further adjourn the hearing until he is apprehended; or

Local Court (Criminal Procedure) Act 1928 34 (b) the Court may proceed ex parte to the hearing of the complaint and may adjudicate on the complaint as fully and effectually, to all intents and purposes, as if the defendant had appeared at that time and place. (6) If the defendant is by virtue of a warrant issued under subsection (5) brought before the Court, the Court shall hear the case or continue the hearing as if there had been no adjournment. (8) Instead of issuing a warrant as provided in subsection (5), the Court may issue a summons for the appearance of the defendant at the time and place mentioned in the summons. (9) If the defendant appears before the Court, the Court shall hear the case or continue hearing as if there had been no adjournment. (11) If a defendant summoned under subsection (8) fails to appear in obedience to the summons, the Court before which he is summoned may proceed in the manner provided by section 62. (12) If a defendant appears at the time and place appointed under subsection (2) and the complainant, having had due notice, does not appear in person or by the complainant's legal practitioner, the Court shall dismiss the complaint, unless for some reason it thinks it proper to further adjourn the hearing. (13) The Court, on being satisfied that a defendant who has been remanded into custody is by reason of illness or accident unable at the expiration of the period for which the defendant was remanded to appear personally before the Court, may in the absence of the defendant order the defendant to be kept in custody for such further period as the Court deems reasonable, but not exceeding 15 clear days at any one time, unless both parties consent to a longer period.