Prosecuting s. 51 offence for non-appearance in superior court
52 Prosecuting s. 51 offence for non-appearance in superior court
This section applies, notwithstanding any other Act, for the purpose of prosecuting an offence against section 51(1), (2) or (2a) where the court before which the accused is bound to appear at the time when he fails to comply with his bail undertaking is the Supreme Court or the District Court.
Where this section applies, the accused shall be dealt with summarily for the offence and shall be so dealt with —
by a judge of the Supreme Court in any case where the accused was bound to appear before the General Division of the Supreme Court;
by a judge of appeal in any case where the accused was bound to appear before the Court of Appeal;
by a judge of the District Court in any case where the accused was bound to appear before that Court.
A prosecution for an offence which is to be dealt with under this section shall be commenced by the authorised officer (as defined in section 80 of the Criminal Procedure Act 2004) who was conducting the proceedings in which the accused failed to comply with his bail undertaking or by a police officer —
where subsection (2)(a) or (ab) applies, in the Supreme Court; and
where subsection (2)(b) applies, in the District Court.
Where this section applies, a person authorised under subsection (3b) shall cause to be issued to the Commissioner of Police a certificate under section 64 as to the accused’s failure to appear.
The Chief Justice, in respect of cases where the court before which the accused was bound to appear is the Supreme Court, and the Chief Judge, in respect of cases where the court before which the accused was bound to appear is the District Court, may authorise a person or persons, by name or office, to perform the function referred to in subsection (3a).
A prosecution that has been commenced under subsection (3) by a police officer shall be conducted by the Director of Public Prosecutions.
Subject to section 51(3) and (5), a prosecution for an offence which is to be dealt with under this section is to be commenced and conducted under the Criminal Procedure Act 2004 as if it were a prosecution of a simple offence in a court of summary jurisdiction, but —
no fees shall be charged by the Supreme Court or District Court for or in respect of any act or proceeding that relates to the prosecution; and
the Supreme Court or District Court cannot order a party to the prosecution to pay another party’s costs of or relating to the prosecution, except under section 166(2) of the Criminal Procedure Act 2004.
If under section 51(6) or (7) the Supreme Court or the District Court imposes a pecuniary penalty the court may make an order under section 59 of the Sentencing Act 1995 in respect of the amount payable.
[Section 52 amended: No. 92 of 1994 s. 6; No. 78 of 1995 s. 8; No. 54 of 1998 s. 10; No. 45 of 2004 s. 28(2) and (4); No. 59 of 2004 s. 141; No. 84 of 2004 s. 11 and 82; No. 2 of 2008 s. 56(5); No. 6 of 2008 s. 32(1) and (2).]
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