New South Wales Repealed Acts

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 75B

75B Procedure if defendant does not appear

(1) If a defendant who has been served with a summons or attendance notice does not appear on the day and at the time and place specified by the summons or attendance notice and has not notified a plea of not guilty under section 75, the Magistrate may proceed to hear and determine the matter in accordance with this section and sections 75C- 75F.

(2) If:

(a) a penalty notice enforcement order is annulled under Division 5 of Part 3 of the Fines Act 1996 and the order (together with any annexure) is taken to be an information in relation to the alleged offence, and

(b) the defendant has been given notice of the hearing of the matter of the information, and

(c) the defendant does not appear on the day and at the time and place specified by the information,

the Magistrate may proceed to hear and determine the matter in accordance with this section and sections 75C- 75F.

(3) The Magistrate may not proceed to hear and determine a matter under this section unless satisfied that the defendant had reasonable notice of the date, time and place of the hearing.

(4) If a defendant is charged with 2 or more offences for which the hearing or hearings have been listed on the same date, time and place, the Magistrate may proceed to hear and determine some or all of the matters together.

(5) A reference in this section to a time and place includes, if the hearing of the matter has been adjourned, a reference to the time and place to which the hearing has been adjourned.