South Australian Current Acts South Australian Current Acts62BA—Proceedings where defendant neither appears nor returns written
plea of guilty
(1) If in any
proceedings under this Act—
(a) an
information has been laid against a defendant; and
(b) the
defendant has been duly served with a summons but—
(i)
does not appear at the time and place appointed for the
hearing or determination of the information or at a time and place at which
the information is subsequently heard or determined; or
(ii)
in the case of an information and summons served under
section 57A—the defendant neither appears nor pleads guilty in the
manner provided under that section,
the Magistrates Court may proceed to adjudicate on the information in the
absence of the defendant in accordance with section 62, and in so doing
regard any allegation contained in the summons, or information and summons,
(as served on the defendant) as sufficient evidence of the matter alleged.
(2) If the Magistrates
Court finds the charge proved, the prosecution may recite to the Court any
relevant matters alleged against the defendant in the same way as if the
defendant had personally appeared and pleaded guilty.
(3) For the purposes
of subsection (1), allegations are contained in a summons, or information
and summons, if they are contained in, annexed to, or accompany, the summons
or information and summons.
(4) The allegations
referred to in subsection (1) may include particulars of the alleged
offence and of the circumstances in which it is alleged to have been
committed.
(5) The provisions of
this section are supplementary to, and do not derogate from, any other
statutory provision regulating the hearing and determination of an
information.