Australian Capital Territory Current Acts

MAGISTRATES COURT ACT 1930 - SECT 89A

    (1)     If—

        (a)     an information for an indictable offence has been laid; and

        (b)     a summons has been issued against the person named in the information;

the court may, on an application made by or on behalf of the person, by order excuse the person from attendance before the court to answer the information or for any other purpose in connection with the proceeding begun by the information.

    (2)     An order under subsection (1) may be made—

        (a)     at any time after the issue of the summons and before the completion of the taking of evidence for the prosecution; and

        (b)     whether or not any evidence has been taken in the proceeding; and

        (c)     whether or not the applicant for the order is before the court or has attended before the court in relation to the proceeding.

    (3)     The court must not make an order under subsection (1) unless the court has been informed, by or on behalf of the applicant, that the applicant is represented by a lawyer for the purposes of the proceeding.

    (4)     The court may, at any time during a proceeding begun by an information for an indictable offence, direct the informant to give to a person in relation to whom an order has been made under subsection (1) written notice requiring the person to attend before the court, for the purposes of the proceeding, at the time and place specified by the court.

    (5)     If—

        (a)     a person has been excused, under subsection (1), from attendance before the court; and

        (b)     all the evidence for the prosecution has been taken;

the court must direct the informant to give to the person a written notice requiring the person to attend, at the time and place specified by the court, to be dealt with in accordance with section 91.

    (6)     A notice under subsection (4) or (5) may be given to a person by—

        (a)     giving a copy of the notice to the person; or

        (b)     leaving a copy of the notice at the last-known or usual home or business address of the person with someone who appears to be at least 16 years old and to live or be employed at the address.

    (7)     The giving of a notice under subsection (4) or (5) may be proved in the same way as the service of a summons.

    (8)     If an accused person does not attend before the court in accordance with a notice under subsection (4) or (5), the court may issue a warrant for the arrest of the person and for bringing the person before the court at the time and place specified in the warrant.