Australian Capital Territory Current Acts

MAGISTRATES COURT ACT 1930 - SECT 110

    (1)     If a summons has been served in accordance with section 41 and the defendant does not appear when called, the court may either—

        (a)     proceed to hear and decide the case in the absence of the defendant; or

        (b)     on oath being made before it, substantiating the matter of the information to its satisfaction, issue a warrant for the arrest of the defendant and to bring the defendant before the court to answer to the information and be further dealt with according to law.

    (2)     If the court proceeds under subsection (1) (a)—

        (a)     the evidence of the informant or another person may be given orally; or

        (b)     a written statement made by the informant or another person may be admitted as evidence of the matters contained in it.

    (3)     A written statement admitted in evidence constitutes the depositions of the person who made the statement.

    (4)     A written statement must not be admitted in evidence unless it is sworn before—

        (a)     a lawyer; or

        (b)     a justice of the peace; or

        (c)     the registrar; or

        (d)     a person prescribed by regulation or rule.

    (5)     If the court admits a written statement in evidence it may, on its own initiative, adjourn the hearing of the information and require the person who made the statement to attend before the court to give evidence.

    (6)     Although a part of a written statement tendered in evidence under this section is inadmissible according to the rules of evidence, the statement is nevertheless admissible under this section as evidence of the matters contained in the remainder of that statement, but, if the court admits such a statement, the court must identify the part that is inadmissible and must, with reference to that part, write on the statement ‘ruled inadmissible' or words to that effect.

    (7)     The court must not sentence a defendant to imprisonment for an offence if the court has heard and decided the case under subsection (1) (a) in the absence of the defendant.

    (8)     The court must set aside an order made in hearing and deciding a case under subsection (1) (a) if—

        (a)     the defendant applies under the rules to have the order set aside; and

        (b)     the court is satisfied on reasonable grounds that the defendant—

              (i)     did not know the hearing date; or

              (ii)     did not understand that the court could proceed to hear and decide the case in the defendant's absence if the defendant failed to appear; or

              (iii)     otherwise had a reasonable excuse for failing to appear.