(a)an accused does not appear at the time and place mentioned in the summons or notice to attend court and it appears to the court on oath that the summons or notice was duly served a reasonable time before the time appointed in it for appearing; and
Section history
Section 156 — Absence of accused
As in force on 31 October 2018.
If ––
(b)no sufficient ground is shown for an adjournment,
the court may either proceed ex parte to hear and determine the complaint or may postpone the hearing to a future day.
(1)The following apply where an accused does not appear at the time and place mentioned in the summons or notice to attend court:
(a)the court may proceed ex parte to hear and determine the complaint if —
(i)the court is satisfied on oath that —
(A)the summons or notice was duly served on the accused at least 7 days (or such shorter period as the court may consider reasonable in a particular case) before the time appointed in the summons or notice for appearing; and
(B)the accused was notified, when the summons or notice was served on the accused, that the court may hear and determine the complaint in the absence of the accused, if the accused fails to appear at the time and place mentioned in the summons or notice; and
(ii)no sufficient ground is shown for an adjournment;
(b)unless the court proceeds ex parte under paragraph (a) to hear and determine the complaint, the court must postpone the hearing to a future day.
(2)Where the court has proceeded ex parte under subsection (1)(a) to hear and determine the complaint, the accused may apply to the court to declare the ex parte proceedings to be void.
(3)The court can and must make a declaration that the ex parte proceedings are void only if the accused proves, on a balance of probabilities, that —
(a)the accused was unaware of both of the following until after the ex parte proceedings began:
(i)the summons or notice to attend court;
(ii)the ex parte proceedings; and
(b)the accused made the application under subsection (2) within 21 days after the date on which the accused first knew of either of the following:
(i)the summons or notice to attend court;
(ii)the ex parte proceedings.
(4)Subsections (2) and (3) do not apply to an accused body corporate, limited liability partnership, partnership or unincorporated association that —
(a)does not appear at the time and place mentioned in the summons or notice to attend court; or
(b)fails to comply with the legal formalities relating to the appointment of a representative who purports to appear for the accused body corporate, limited liability partnership, partnership or unincorporated association at the time and place mentioned in the summons or notice to attend court.
(5)The accused is not discharged by a declaration made under subsection (3).
(6)Subsections (2) and (3) do not affect any right to appeal against any decision made by the court in the ex parte proceedings.