Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 41

Non-appearance of defendant

41. Non-appearance of defendant



(1) If a defendant does not attend in answer to a summons to answer to a
charge for an indictable offence which has been served in accordance with this
Act, the Court may issue a warrant to arrest the defendant.

(2) If a defendant does not appear in answer to a summons to answer to a
charge for a summary offence, the Court may-

   (aa) if the summons was served by post in accordance with section 36,
        direct that the defendant be personally served with the summons; or

   (a)  issue a warrant to arrest the defendant; or

   (b)  proceed to hear and determine the charge in the defendant's absence in
        accordance with Schedule 2; or

   (c)  adjourn the proceeding on any terms that it thinks fit.



(3) If a defendant-

   (a)  has been charged with a summary offence; and

   (b)  fails to attend in answer to bail-

the Court may proceed to hear and determine the charge in the defendant's
absence in accordance with Schedule 2 or may adjourn the proceeding on any
terms that it thinks fit without prejudice to any right of action arising out
of the breach of the bail undertaking.

(4) If the Court proceeds to hear and determine a charge in the defendant's
absence and finds the defendant guilty, the Court must not make a custodial
order under Division 2 of Part 3 of the Sentencing Act 1991.