Proceedings where defendant neither appears nor returns written plea of guilty
62BA Proceedings where defendant neither appears nor returns written plea of guilty
If in any proceedings under this Act—
an information has been laid against a defendant; and
the defendant has been duly served with a summons but—
does not appear at the time and place appointed for the hearing or determination of the information or at a time and place at which the information is subsequently heard or determined; or
in the case of an information and summons served under section 57A—the defendant neither appears nor pleads guilty in the manner provided under that section, the
Magistrates Court may proceed to adjudicate on the information in the absence of the defendant in accordance with section 62, and in so doing regard any allegation contained in the summons, or information and summons, (as served on the defendant) as sufficient evidence of the matter alleged.
If the Magistrates Court finds the charge proved, the prosecution may recite to the Court any relevant matters alleged against the defendant in the same way as if the defendant had personally appeared and pleaded guilty.
For the purposes of subsection (1), allegations are contained in a summons, or information and summons, if they are contained in, annexed to, or accompany, the summons or information and summons.
The allegations referred to in subsection (1) may include particulars of the alleged offence and of the circumstances in which it is alleged to have been committed.
The provisions of this section are supplementary to, and do not derogate from, any other statutory provision regulating the hearing and determination of an information.
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