Magistrates Court conviction made in absence of party set aside—hearing
4314 Magistrates Court conviction made in absence of party set aside—hearing
This rule applies if the court has set 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).
The court may—
on giving the parties reasonable notice, hear and decide the proceeding; or
adjourn the hearing of the proceeding to a time and place the court considers appropriate.
If the court adjourns the hearing of the proceeding under subrule (2) (a), the court may direct the registrar to tell the parties the date set for the adjourned hearing.
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