Magistrates Court order made in absence of party may be set aside—application by informant
4315 Magistrates Court order made in absence of party may be set aside—application by informant
This rule applies if a defendant does not appear in a criminal proceeding and an order is made against the defendant.
However, this rule does not apply if the defendant—
had entered a plea of guilty under the Magistrates Court Act 1930, section 116D (Pleas to prescribed offence); and
did not withdraw the plea before the order was made; and
did not appear in the proceeding.
On application by the informant, the court may set aside the order on the conditions it considers appropriate.
Example of conditions
payment of costs
Pt 6.2 (Applications in proceedings) applies to the application.
If, under this rule, the court sets aside a conviction, the court must dismiss the information and set aside any warrant issued under the Magistrates Court Act 1930 because of the conviction.
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