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CRIMINAL PROCEDURE ACT 2004 - SECT 55

CRIMINAL PROCEDURE ACT 2004 - SECT 55

55 .         No appearance by accused and no plea of guilty

        (1)         This section applies if on a court date for a charge the prosecutor appears and the accused does not and the accused has not pleaded guilty to the charge, whether orally or by means of a written plea.

        (2)         If on the court date the court is satisfied that the accused has been served under this Part with the prosecution notice containing the charge and a court hearing notice, or an approved notice, notifying the accused of that date and that the court may deal with the charge in the accused’s absence if the accused does not appear on that date, the court may —

            (a)         adjourn the charge; or

            (b)         hear and determine the charge in the accused’s absence.

        [(3)         deleted]

        (4)         If under subsection (2) or section 51(8)(a) the court decides to hear and determine the charge in the accused’s absence and the prosecution notice is signed by a person who in the notice purports to be a person acting under section 20(3), the court —

            (a)         must presume, in the absence of evidence to the contrary —

                  (i)         that the prosecution notice was signed by a person who was acting under section 20(3); and

                  (ii)         that the person had the authority to sign the prosecution notice;

                and

            (b)         may take as proved any allegation in the prosecution notice containing the charge that was served on the accused.

        (5)         If under subsection (4) the court convicts the accused —

            (a)         the prosecutor must state aloud to the court the material facts of the charge; and

            (b)         section 129(4) applies; and

            (c)         in the absence of evidence to the contrary, the court must take as proved any facts so stated.

        [Section 55 amended: No. 2 of 2008 s. 16.]