MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 37A Non-appearance of accused.

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

Non-appearance of accused.

37A.(1) Subject to subsection (7), this section shall apply where a summons
has been issued requiring a person to appear before a
court of summary jurisdiction, other than a juvenile court, to answer to a
complaint charging a summary offence, not being

(a)an offence which is also triable upon indictment; or

(b)an offence for which the accused is liable to be sentenced to be imprisoned
for a term exceeding six months,

(i)a notice containing such statement of the effect of this section as may be
prescribed; and

(ii)a concise statement in the prescribed form of such facts relating to the
charge as will be placed before the court by or on behalf of the complainant
if the accused pleads guilty without appearing before the court.

(2) Subject to subsections (3) to (5), where the clerk of petty sessions
receives a notification in writing purporting to be given by the accused or by
a solicitor acting on his behalf that the accused desires to plead guilty
without appearing before the court, the clerk shall inform the complainant of
the receipt of the notification and if at the time and place appointed for the
hearing or adjourned hearing of the complaint the accused does not appear and
it is proved to the satisfaction of the court, on oath or by affidavit or in
the prescribed manner, that the notice and statement of facts referred to in
subsection (1) have been served upon the accused with the summons, then

(a)subject to this section and section 37C, the court may proceed to hear and
dispose of the case in the absence of the accused, whether or not the
complainant is also absent, in like manner as if both parties had appeared and
the accused had pleaded guilty; or

(b)if the court decides not to proceed as mentioned in paragraph (a), the
court shall adjourn or further adjourn the hearing for the purpose of dealing
with the complaint as if that notification had not been given.

(3) If at any time before the hearing the clerk of petty sessions receives an
intimation in writing purporting to be given by or on behalf of the accused
that he wishes to withdraw the notification given under subsection (2), the
clerk shall inform the complaint of that withdrawal and the court shall deal
with the complainant as if this section had not been passed.

(4) Before accepting the plea of guilty and convicting the accused in his
absence under subsection (2), the court shall cause the notification given
under subsection (2) and statement of facts referred to in subsection (1)(ii),
including any submission received with that notification which the accused
wishes to be brought to the attention of the court with a view to mitigation
of sentence, to be read out before the court.

(5) If the court proceeds under subsection (2)(a) to hear and dispose of the
case in the absence of the accused, the court shall not

(a)permit any statement to be made by or on behalf of the complainant with
respect to any facts relating to the offence charged other than the statement
of facts referred to in subsection (1)(ii) except on a resumption of the
hearing after an adjournment under section 57;

(b)without adjourning under that section order him to be subject to any
disqualification.

(6) Where the court adjourns in pursuance of this section, notice of the
adjournment shall be served on the accused and that notice shall specify the
reason for the adjournment.

(7) The Lord Chancellor may by order provide that this section shall not apply
in relation to such offences in addition to those specified in subsection
(1)(a) and (b) as may be specified in the order, and an order under this
subsection shall be subject to annulment in pursuance of a resolution of
either House of Parliament in like manner as a statutory instrument and
section 5 of the Statutory Instruments Act 1946 shall apply accordingly.][

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Northern Irish Legislation

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