Non-appearance of accused—Infringements Act 2006
85 Non-appearance of accused—Infringements Act 2006
S. 85(1) substituted by No. 47/2014 s. 258(1).
This section applies to an infringement offence within the meaning of the Infringements Act 2006 in respect of which an election to have the matter of the offence heard and determined in the Magistrates' Court under Part 2 of that Act has been made.
S. 85(2) amended by No. 47/2014 s. 258(2).
Without limiting any other power of the Magistrates' Court, if the accused fails to appear and the Magistrates' Court proceeds to hear and determine the charge in the absence of the accused under section 80, the court may hear and determine the charge based on the prescribed information lodged under section 40(1)(a) of that Act (as the case requires).
This provision refers to the regulations (prescribed information
). Made under this Act:
- Criminal Procedure Regulations 2020 · under section 420
- County Court Criminal Procedure Rules 2019
- Magistrates' Court Criminal Procedure Rules 2019 · under section 419
This Act’s bill:Explanatory memorandumSecond reading speech
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