(1)A Magistrate issuing a summons may dispense with the personal attendance of the accused and permit him to appear by an advocate.
Section history
Section 154 — Personal attendance of accused may be dispensed with
As in force on 31 August 2012.
The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.
(2)In any case relating to an offence punishable by fine only or by imprisonment for 12 months or less, or both, and in which a Magistrate has issued a summons, an accused who wishes to plead guilty and be convicted and sentenced in his absence may —
(a)appear by an advocate; or
(b)by letter plead guilty and agree to pay any fine that may be imposed for that offence.
(3)In the case where the accused pleads guilty by letter, the court may record a plea of guilty, convict him according to law, and sentence him to a fine with or without a sentence of imprisonment if he fails to pay the fine.
(4)If the accused pleads guilty by letter, he must state in the letter a postal address.
(5)Notwithstanding section 3, the court must then send, by registered post using the particulars stated under subsection (4), a letter informing the accused of the sentence imposed.
(6)The accused must pay the fine within 7 days from the date on which the court’s letter was posted or transmitted.
(7)The court inquiring into or trying the case may at any stage of the proceeding direct the accused to attend in person, and if necessary may enforce his attendance in the way set out in section 153.
(8)If the court intends to impose a sentence of imprisonment without the option of a fine, it must require the accused to attend in person.
(9)If the accused wishes to withdraw his plea of guilty and claim trial when he appears pursuant to subsection (8), then the court must, notwithstanding any order of conviction made in his absence, permit him to withdraw his plea and then hear and determine the case, and if the court convicts him, pass sentence according to law.
(10)Nothing in this section shall affect the powers of the court conferred by section 156.