South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 62B

62B—Powers of Magistrates Court on written plea of guilty

        (1)         This section sets out the powers of the Magistrates Court that apply when a defendant fails to appear in obedience to a summons but has given the Court, in the manner and form prescribed by the rules made under section 57A, a form pleading guilty.

        (2)         The Magistrates Court may not issue a warrant for the arrest of the defendant on the ground of non-appearance but may—

            (a)         on proof of service of the information and summons; and

            (b)         on production of the form duly completed,

convict and, subject to this section, adjudicate the matter as fully and effectually to all intents and purposes as if the defendant—

            (c)         had personally appeared before the Court in obedience to the summons; and

            (d)         had pleaded guilty and made the same submissions as to penalty as are set out in the form.

        (3)         The Magistrates Court may receive and act on receipt of a form that has been completed and sent to the Court.

        (4)         The prosecution may recite to the Magistrates Court any relevant matters alleged against the defendant in the same way as if the defendant had personally appeared and pleaded guilty.

        (5)         Nothing in this section prejudices an application by a defendant to withdraw a plea of guilty at any time prior to the hearing and determination of the information laid against the defendant, and the Magistrates Court before whom the defendant appears to answer the information may permit a withdrawal of the plea on such terms as may be just.

        (6)         If a defendant includes in a form pleading guilty matters that would, if true, indicate the defendant has a valid defence to the information, or which differ substantially in relevant particulars from the matters recited to the Magistrates Court by the prosecution, the Court may—

            (a)         strike out the plea of guilty; and

            (b)         adjourn the hearing of the information to a specified time and place; and

            (c)         order that the defendant be served with a summons under section 57,

after which the defendant must be dealt with as though the previous summons had not been issued, and the provisions of this section and section 57A no longer apply.

        (7)         If a defendant who has given the Magistrates Court a form pleading guilty is convicted, the Court must not—

            (a)         impose a sentence of imprisonment on the defendant; or

            (b)         disqualify the defendant from holding or obtaining a licence to drive a motor vehicle unless—

                  (i)         it is proved to the Court that the summons was given personally to the defendant; or

                  (ii)         the procedure prescribed in section 62C is followed; or

            (c)         treat the offence as other than a first offence unless the informant proves that the defendant has been previously convicted; or

            (d)         subject to the rules—order the defendant to pay witness fees.

        (8)         Where a defendant is convicted under this section, the Registrar must immediately, either personally or by post, give the defendant written notice of—

            (a)         the conviction; and

            (b)         any fine or other monetary sum to be paid; and

            (c)         the time and manner of payment.