Text as at 1 July 2026

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80 Non-appearance of accused charged with summary offence

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Explained inBill clause 80 EM on clause 80

(1)If an accused does not appear in answer to a summons to answer to a charge for a summary offence, the Magistrates' Court may—

(a)if the summons was served in accordance with section 394 (ordinary service), direct that the accused be served personally with the summons; or

S. 80(1)(a) amended by No. 68/2009 s. 51(s).

(b)issue a warrant to arrest the accused; or

(c)proceed to hear and determine the charge in the absence of the accused in accordance with this Part; or

(d)adjourn the proceeding on any terms that it considers appropriate.

Section 328 sets out who may appear on behalf of an accused.

(2)If an accused has been charged with a summary offence and fails to attend in answer to bail, the Magistrates' Court may—

(a)proceed to hear and determine the charge in the absence of the accused in accordance with this Part; or

(b)adjourn the proceeding on any terms that it considers appropriate—

without prejudice to any right of action arising out of the breach of the bail undertaking.

(3)If the Magistrates' Court proceeds to hear and determine a charge under subsection (1)(c) or (2)(a), the court may dispense with or vary any requirement imposed by or under this Part.

See section 25 for consequences of failing to appear in answer to a notice to appear.