4313
In forceMagistrates Court conviction made in absence of party set aside—warrant may be set aside
Chapter 4Criminal proceedings
Part 4.2Magistrates Court criminal proceedings
Division 4.2.2Magistrates Court criminal proceedings—setting aside orders
4313 Magistrates Court conviction made in absence of party set aside—warrant may be set aside
(1)
This rule applies if the court sets aside a conviction in a criminal proceeding under any of the following rules:
rule 4310 (Magistrates Court order made in absence of party may be set aside—general)
rule 4311 (Magistrates Court order made in absence of defendant may be set aside—summons for prescribed offence)
rule 4312 (Magistrates Court order made in absence of party may be set aside—other offences).
(2)
The court must set aside a warrant issued under the Magistrates Court Act 1930 because of the conviction, unless the warrant has been executed before the conviction is set aside.
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