(1)A Magistrate issuing a summons may dispense with the personal attendance of the accused and permit him2021the accused2021 to appear by an advocate.
Section history
Section 154 — Personal attendance of accused may be dispensed with
Consolidated view is experimental and may be broken for certain provisions.
(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 his2021the accused’s2021 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 him2021the accused2021 according to law, and sentence him2021the accused2021 to a fine with or without a sentence of imprisonment if he2021the accused2021 fails to pay the fine.
(4)If the accused pleads guilty by letter, he2021the accused2021 must state in the letter a postal address.
(5)Notwithstanding2021Despite2021 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 his2021the accused’s2021 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 her2021 plea of guilty and claim trial when he2021the accused2021 appears pursuant to subsection (8), then the court must, notwithstanding2021despite2021 any order of conviction made in his2021the accused’s2021 absence2012absence,2012 permit him2021the accused2021 to withdraw his or her2021 plea and then hear and determine the case, and if the court convicts him,2021the accused,2021 pass sentence according to law.
(10)Nothing in this section shall affect2021affects2021 the powers of the court conferred by section 156.