Proceedings for fail to appear offence
80 Proceedings for fail to appear offence
Proceedings for a fail to appear offence may be commenced at any time.
Proceedings for a fail to appear offence are to be dealt with summarily—
by the court dealing with the offence for which the person failed to appear, constituted in the same way, or
where the court referred to in paragraph (a) is the Court of Criminal Appeal, the Supreme Court, the Land and Environment Court or the District Court—by that Court constituted in any other way, or
in any case—by the Local Court.
A fail to appear offence, if dealt with by the Court of Criminal Appeal, is to be disposed of in accordance with—
such rules made under the Supreme Court Act 1970 as are expressed to apply to offences against this section, and
subject to paragraph (a), Part 5 of Chapter 4 of the Criminal Procedure Act 1986 (as if references to the Supreme Court were references to the Court of Criminal Appeal).
Note.
The Criminal Procedure Act 1986 makes provision for the summary disposal of matters by the Local Court, the District Court and the Supreme Court.
A person convicted by the Supreme Court, the Land and Environment Court, the Industrial Court or the District Court of a fail to appear offence is taken, for the purposes of section 5 (1) of the Criminal Appeal Act 1912, to have been convicted of the offence on indictment. Accordingly, an appeal to the Court of Criminal Appeal is available under that section.
This Act’s bill:Explanatory memorandumSecond reading speech
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