Northern Territory Consolidated Acts

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EVIDENCE ACT - SECT 33

Proof of identity in cases of previous findings of guilt in Courts of Summary Jurisdiction

    (1)     Whenever in any case in the Court of Summary Jurisdiction it becomes proper to inquire as to any previous finding of guilt of the defendant, and the defendant does not appear in person the Court may:

        (a)     allow evidence to be given of the previous finding of guilt of any person alleged by the prosecution to be identical with the defendant; and

        (b)     if such evidence is given, adjourn the further consideration of the case to a time and place specified by the Court in order to enable the defendant to attend in person for the purpose of answering such allegation.

    (2)     If at the time and place so specified:

        (a)     it is proved that the defendant has been personally served with notice in writing, requiring him to attend accordingly, and informing him of the purpose for which his personal attendance is required;

        (b)     the defendant fails to appear in person; and

        (c)     no sufficient reason to the contrary is shown to the satisfaction of the Court,

the Court may accept the evidence of the identity of the defendant with the person so found guilty as proof of such identity and may proceed accordingly:

Provided that service of the notice shall not be required if the defendant was represented at the original hearing by any counsel or solicitor who has waived such service.

    (3)     The further hearing or consideration of the case may be adjourned from time to time to enable the defendant:

        (a)     to be served with the notice referred to in subsection (2); or

        (b)     to attend in person if the Court is satisfied that he intends to do so.



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