Commonwealth Consolidated Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 - RULE 2.03

What happens if accused does not appear or enter guilty plea

  (1)   If:

  (a)   the accused in summary criminal proceedings does not appear before the Court on the return date for the summons; and

  (b)   the Court is satisfied that the summons and information have been served in accordance with rule   2.01;

the Court may proceed to hear the matter in the absence of the accused.

Note:   The Court may instead issue a warrant for the arrest of the accused--see rule   9.02.

  (2)   If the accused in summary criminal proceedings appears before the Court and does not enter a plea of guilty when directed by the Court to enter a plea, the Court may:

  (a)   give any necessary orders for the conduct of the prosecution and defence; and

  (b)   fix a day for hearing or for the Court to give further orders.

  (3)   Without limiting paragraph   (2)(a), the Court may make orders relating to pre - trial or ongoing disclosure.



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