84. Admissibility of evidence in absence of accused where preliminary brief served

84. Admissibility of evidence in absence of accused where preliminary brief served

(1) If-

(a) under section 25(1) or 80 the Magistrates' Court proceeds to hear and determine a charge in the absence of the accused; and

(b) the informant has served a preliminary brief on the accused in accordance with Division 2 of Part 3.2 at least 14 days before the date of the hearing under paragraph (a); and

(c) the Magistrates' Court considers that the matters set out in the preliminary brief disclose the offence charged-

the following are, subject to subsections (4) and (5), admissible in evidence, despite the rule against hearsay-

(d) the informant's statement in the preliminary brief;

(e) any exhibit referred to in the informant's statement.

(2) Without limiting any other power conferred on the Magistrates' Court, if the court considers that the matters set out in a preliminary brief do not disclose the offence charged, the court may require the informant to provide additional evidence.

(3) The additional evidence referred to in subsection (2) is inadmissible
unless-

(a) it is in the form of written statements that comply with section 38; and

(b) a copy of each statement has been served on the accused at least 14 days before the Magistrates' Court considers the additional evidence.

(4) The Magistrates' Court may rule as inadmissible the whole or any part of a preliminary brief, a statement or an exhibit.

(5) The criminal record of the accused or a statement that the accused has no previous convictions, when served in a preliminary brief, is only admissible for the purpose of sentencing in accordance with section 86.

(6) This section does not limit the power of the Magistrates' Court to proceed to hear and determine the charge in the absence of the accused under section 25(1) or 80 on the basis of sworn evidence given by or on behalf of the informant if the informant has not served a preliminary brief on the accused.

Read more...

83. Admissibility of evidence in absence of accused where full brief served

83. Admissibility of evidence in absence of accused where full brief served

(1) If-

(a) under section 25(1) or 80 the Magistrates' Court proceeds to hear and determine a charge in the absence of the accused; and

(b) the informant has served a full brief on the accused in accordance with Division 2 of Part 3.2-

the following are, subject to subsections (2) and (3), admissible as if their contents were a record of evidence given orally-

(c) any statement a copy of which has been served in the full brief;

(d) any exhibit or document referred to in a statement which is admissible.

(2) The Magistrates' Court may rule as inadmissible the whole or any part of a statement or of any exhibit or document referred to in a statement.

(3) The criminal record of the accused or a statement that the accused has no previous convictions, when served in a full brief, is only admissible for the purpose of sentencing in accordance with section 86.

(4) Subsection (1) does not limit the power of the Magistrates' Court to proceed to hear and determine the charge in the absence of the accused under section 25(1) or 80on the basis of sworn evidence given by or on behalf of the informant if the informant has not served a full brief on the accused.

Read more...

79. Non-appearance of informant

79. Non-appearance of informant

If the informant in a criminal proceeding does not appear on the date on which the proceeding is listed for hearing, the Magistrates' Court may-

(a) dismiss the charge; or

(b) adjourn the proceeding on any terms that it considers appropriate.

Note

Section 328 sets out who may appear on behalf of an informant.

Read more...

53. Mention hearing

53. Mention hearing

At a mention hearing, the Magistrates' Court may-

(a) if the offence is an indictable offence that may be heard and determined summarily, grant a summary hearing;

(b) proceed immediately to hear and determine the charge;

(c) fix a date for a contest mention hearing;

(d) fix a date for a summary hearing of the charge;

(e) make any other order or give any direction that the court considers appropriate.

Read more...

47. Rules with respect to statements

47. Rules with respect to statements

(1) Subject to subsection (5), a statement referred to in section 41 which the informant intends to tender at the hearing of the charge if the accused does not appear must be-

(a) in the form of an affidavit; or

(b) signed by the person making the statement and contain an acknowledgment signed in the presence of a person referred to in Schedule 3 that the statement is true and correct and is made in the belief that a person making a false statement in the circumstances is liable to the penalties of perjury; or

(c) in a form, and attested to in a manner, prescribed by the rules of court.

(2) If a person under the age of 18 years makes a statement which the informant intends to tender as mentioned in subsection (1), the statement must include the person's age.

(3) If a person who cannot read makes a statement which the informant intends to tender as mentioned in subsection (1)-

(a) the statement must be read to the person before he or she signs it; and

(b) the acknowledgment must state that the statement was read to the person before he or she signed it.

Note

Section 414 provides for acknowledgment of false statements.

Subsection (4), dealing with false acknowledgments, was in congflict with s 414 and has been repealed.

Read more...