94. Automatic rehearing in certain cases

94. Automatic rehearing in certain cases

(1) On an application under section 88, if-

(a) the charge-sheet was served in accordance with section 394 (ordinary service); and

(b) the Magistrates' Court is satisfied that the charge-sheet was not brought to the notice of the applicant prior to the hearing of the charge-

the court must set aside any findings and orders made in the earlier proceeding and rehear the charge.

(2) If a person is served with a notice under section 87(4) and applies under section 88 for a rehearing of the charge within 28 days after the date of service of the notice, the Magistrates' Court must set aside the findings and orders made in the earlier proceeding and rehear the charge.

Note

Chapter 8 contains general provisions that apply to all criminal proceedings.

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93. Failure to appear on application

93. Failure to appear on application

If an applicant fails to appear at the time fixed for the hearing of an application under section 88 and the application is struck out, the applicant may reapply under that section only if the applicant first obtains the leave of the Magistrates' Court.

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92. Court may order rehearing

92. Court may order rehearing

On an application under section 88, the Magistrates' Court may set aside any findings and orders made in the earlier proceeding subject to any terms and conditions that it thinks just and rehear the charge.

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91. Stay of sentence etc.

91. Stay of sentence etc.

(1) On the filing of a notice under section 89, the sentence (other than an order for the cancellation, suspension or variation of the driver licence of the person on whom the sentence was imposed) is stayed until-

(a) the application for rehearing has been heard; and

(b) if a rehearing is granted, the charge has been reheard.

(2) If the driver licence of the person on whom the sentence was imposed has been cancelled, suspended or varied by order of the Magistrates' Court, the applicant may, on or after the filing of a notice under section 89, apply for a stay of the order pending the determination of the rehearing.

(3) An applicant under subsection (2) (other than an informant who is making the application on behalf of the person whose driver licence has been cancelled, suspended or varied) must serve on the informant in accordance with section 391 written notice of the application at least 7 days before making the application.

(4) On an application under subsection (2), the Magistrates' Court may order that the order for the cancellation, suspension or variation of the person's driver licence be stayed until-

(a) the application for rehearing has been heard; and

(b) if a rehearing is granted, the charge has been reheard.

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90 Service of notice

90. Service of notice

(1) If the applicant is the person on whom the sentence was imposed, the applicant must serve on the respondent in accordance with section 392 a copy of the notice under section 89 within 7 days after filing the notice.

(2) If the informant makes an application for a rehearing on behalf of the person on whom the sentence was imposed, the informant must serve personally on that person in accordance with section 339 a copy of the notice under section 391 within 7 days after filing the notice.

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89. Notice of intention to apply for rehearing

89. Notice of intention to apply for rehearing

A notice of intention to apply for a rehearing must-

(a) state the reason why the person on whom the sentence was imposed did not appear in the proceeding; and

(b) be filed with the registrar at the venue of the Magistrates' Court at which the sentence was imposed.

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