Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 (F2016L01726) - 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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