South Australian Consolidated Acts

SUMMARY PROCEDURE ACT 1921 - SECT 27C

27C—Hearing where defendant fails to appear

        (1)         Subject to this section, where a summons is, pursuant to subsection (3) of section 27A of this Act, deemed to have been served on the defendant named therein and the defendant fails to appear in obedience to that summons and, where the summons was in the nature of a complaint and summons in the form and bearing the endorsements referred to in section 57A of this Act, fails to plead guilty in the manner provided in that section to the offence to which the summons relates, the court may—

            (a)         proceed in the absence of the defendant to the hearing of the complaint, to which the summons relates, and, notwithstanding anything in section 62C of this Act, adjudicate thereon as fully and effectually as if the defendant had personally appeared in obedience to the summons; or

            (b)         order that the complaint may be heard in the absence of the defendant and adjourn the hearing and on the adjourned hearing proceed in the manner provided for in paragraph (a) of this subsection.

        (2)         Where a hearing is adjourned under subsection (1)(b), it is not necessary for the Court to be constituted of the same judicial officer at the adjourned hearing.

        (3)         Upon conviction after a hearing, pursuant to subsection (1) of this section, the court shall not—

            (a)         impose any penalty other than a fine; or

            (b)         disqualify the defendant from holding or obtaining a licence to drive a motor vehicle; or

            (c)         treat the offence as other than a first offence unless the complainant proves that the defendant has previously been convicted of such an offence; or

            (d)         fail to allow the defendant a reasonable time for the payment of any fine or other sum adjudged to be paid,

unless—

            (e)         the court has first adjourned the hearing of the complaint to a time and place appointed; and

            (f)         the defendant is personally served, not less than fourteen days before the time to which the hearing has been adjourned, with a notice informing him of—

                  (i)         the conviction; and

                  (ii)         the time and place to which the hearing has been adjourned; and

                  (iii)         the provisions of section 76A; and

            (g)         the defendant does not, within fourteen days after the date of service of the notice upon him, apply in accordance with section 76A, for an order setting aside the conviction.

        (4)         Where a defendant, not being a defendant who has been personally served with a notice pursuant to paragraph (f) of subsection (3) of this section, is convicted after a hearing pursuant to subsection (1) of this section, the Registrar must, within seven days of that conviction, serve by post on the defendant a notice setting out the particulars of that conviction the penalty imposed, and of the provisions of section 76A.

        (5)         Where a defendant, who has been personally served with a notice pursuant to paragraph (f) of subsection (3) of this section, is convicted after a hearing pursuant to subsection (1) of this section, the Registrar must within seven days after the imposition of a penalty in respect of that conviction serve by post on the defendant a notice setting out the particulars of that conviction and the penalty imposed.