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Contents » Chapter 2 - COMMENCING A CRIMINAL PROCEEDING PART 2.1—WAYS IN WHICH A CRIMINAL PROCEEDING IS COMMENCED » Division 2 - Notice to appear

Clause 25 Non-appearance of accused served with notice to appear

(1)If a charge-sheet containing a charge for a summary offence is filed against an accused in accordance with section 22(1) and the accused does not appear in answer to the notice to appear, the Magistrates' Court may—
(a)issue a warrant to arrest the accused; or
(b)proceed to hear and determine the charge in the absence of the accused in accordance with Division 10 of Part 3.3; or
(c)adjourn the proceeding on any terms that it considers appropriate.
(2)If a charge-sheet containing a charge for an indictable offence that may be heard and determined summarily is filed against an accused in accordance with section 22(1) and the accused does not appear in answer to the notice to appear, the Magistrates' Court may issue a warrant to arrest the accused.