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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 37

Summary trial.

37.(1) Where at the time and place appointed for the hearing or adjourned
hearing of a complaint charging a summary offence the accused fails to appear,
a magistrates' court may adjourn the hearing or, if satisfied that there are
no sufficient grounds for adjournment or further adjournment, may, subject to
this section, proceed in his absence.

(2) Without prejudice to the power of a court of summary jurisdiction under
section 138 to estreat a recognizance to appear, where the accused has failed
to appear at a hearing or adjourned hearing the court may, if the complaint
[has been substantiated on oath] and the court considers it undesirable by
reason of the gravity of the offence to proceed in the absence of the accused,
subject to subsections (3) and (4), issue a warrant for his arrest.

[(2A) Subsection (2) shall not apply to an adjournment by reason of the
requirements of section 37A(2)(b) or to an adjournment on the occasion of the
accused's conviction in his absence under section 37A(2) except where the
accused fails to appear at the time and place appointed for the adjourned
hearing.]

(3) Where the accused has failed to appear in answer to a summons, the court
shall not proceed in his absence or issue a warrant for his arrest unless it
is proved that the summons was duly served upon him or that he is evading
service.

(4) Where the accused has failed to appear at an adjourned hearing the court
shall not issue a warrant unless it is satisfied that [reasonable steps have
been taken to bring to the attention of the accused notice] of the time and
place of the adjourned hearing.[

© 1964 Crown Copyright

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