Australian Capital Territory Consolidated Acts

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MAGISTRATES COURT ACT 1930 - SECT 116I

Consequences of conviction in absence of defendant

If a defendant is, in his or her absence, convicted of an offence, the registrar must give to the defendant written notice of—

        (a)     the conviction and order of the court; and

        (b)     the penalty (if any) imposed by the court, and the way in which and the time by which the penalty is required to be discharged; and

        (c)     unless the proceeding is decided in accordance with section 116E (1), the defendant's right to apply for the setting aside of the conviction or order in accordance with the rules.

Note     If the defendant is liable to pay a fine, the notice must contain a penalty notice for the fine (see Crimes (Sentence Administration) Act 2005 , s 116C (Registrar to send penalty notice)).



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