Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 4313

(MCR s 10 (5))

    (1)     This rule applies if the court sets aside a conviction in a criminal proceeding under any of the following rules:

•     rule 4310 (Magistrates Court order made in absence of party may be set aside—general)

•     rule 4311 (Magistrates Court order made in absence of defendant may be set aside—summons for prescribed offence)

•     rule 4312 (Magistrates Court order made in absence of party may be set aside—other offences).

    (2)     The court must set aside a warrant issued under the Magistrates Court Act 1930 because of the conviction, unless the warrant has been executed before the conviction is set aside.