27C—Hearing if defendant fails to appear
(1) Subject to this
section, if a summons is served in accordance with section 27 on the
defendant named in the summons and—
(a)
either the defendant fails to appear in obedience to the summons; or
(b) the
defendant fails to plead guilty in the manner provided for under
section 57A to the offence to which the summons relates,
the Magistrates Court may—
(c)
proceed in the absence of the defendant to the hearing of the information to
which the summons relates (and, despite section 62C, adjudicate the
matter as if the defendant had personally appeared in obedience to the
summons); or
(d)
order that the information be heard in the absence of the defendant and
adjourn the hearing (and, on the adjourned hearing, proceed in the manner
provided for in paragraph (c)).
(2) If a hearing is
adjourned under subsection (1)(d), it is not necessary for the
Magistrates Court to be constituted of the same judicial officer at the
adjourned hearing.
(3) On conviction
after a hearing under subsection (1), the Magistrates Court must
not—
(a)
impose any penalty other than a fine; or
(b)
disqualify the defendant from holding or obtaining a licence to drive a motor
vehicle; or
(c)
treat the offence as other than a first offence unless the informant proves
that the defendant has previously been convicted of such an offence; or
(d) make
an order for payment of compensation of an amount that exceeds an amount
specified in the information,
unless—
(e) the
summons was given personally to the defendant; or
(i)
the Court has first adjourned the hearing of the
information to a specified time and place; and
(ii)
the defendant is personally served, not less than
14 days before the time to which the hearing has been adjourned, with a
notice informing the defendant of—
(A) the conviction; and
(B) the time and place to which the hearing
has been adjourned; and
(C) the provisions of section 76A; and
(iii)
the defendant does not, within 14 days after the
date of service of the notice on the defendant, apply in accordance with
section 76A, for an order setting aside the conviction.
(4) If a defendant,
not being a defendant who has been personally served with a notice under
subsection (3)(f), is convicted after a hearing under
subsection (1), the Registrar must, within 7 days of that
conviction, serve on the defendant a notice setting out the particulars of the
conviction, the penalty imposed and section 76A.
(5) If a defendant who
has been personally served with a notice under subsection (3)(f) is
convicted after a hearing under subsection (1), the Registrar must,
within 7 days after the imposition of a penalty in respect of that
conviction, serve on the defendant a notice setting out the particulars of
that conviction and the penalty imposed.