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Section history

Section 154 — Personal attendance of accused may be dispensed with

Consolidated view is experimental and may be broken for certain provisions.

Amendments
154.Personal attendance of accused may be dispensed with

(1)A Magistrate issuing a summons may dispense with the personal attendance of the accused and permit himthe accused to appear by an advocate.

(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 histhe accused’s 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 himthe accused according to law, and sentence himthe accused to a fine with or without a sentence of imprisonment if hethe accused fails to pay the fine.

(4)If the accused pleads guilty by letter, hethe accused must state in the letter a postal address.

(5)NotwithstandingDespite 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 histhe accused’s 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 or her plea of guilty and claim trial when hethe accused appears pursuant to subsection (8), then the court must, notwithstandingdespite any order of conviction made in histhe accused’s absenceabsence, permit himthe accused to withdraw his or her plea and then hear and determine the case, and if the court convicts him,the accused, pass sentence according to law.

(10)Nothing in this section shall affectaffects the powers of the court conferred by section 156.