Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 80

Non-appearance of accused charged with summary offence

80. Non-appearance of accused charged with summary offence



(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 342 (ordinary
        service), direct that the accused be served personally with the
        summons; or

   (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.

Note 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.

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