South Australian Consolidated Acts

SUMMARY PROCEDURE ACT 1921 - SECT 57A

57A—Procedure enabling written plea of guilty

        (1)         Where a public authority or public officer makes a complaint for a summary offence not punishable by imprisonment either for a first or subsequent offence, he may, by using a form of complaint and summons bearing the endorsements prescribed by the rules, and causing two copies thereof to be served on the defendant, initiate a procedure whereby the defendant may plead guilty without appearing in court in obedience to the summons.

        (2)         A defendant upon whom forms of complaint and summons are served pursuant to this section may plead guilty to the charge specified therein by completing the form on one copy thereof and signing his name thereto before a justice of the peace for any State or Territory of the Commonwealth or a solicitor duly admitted and entitled to practise as such in any State or Territory of the Commonwealth or a police officer of any such State or Territory, and by serving the completed form as provided by subsection (4) hereof not less than three clear days before the date of hearing specified therein.

        (3)         A defendant may, if he wishes, complete that part of the form relating to submissions on the question of penalty, but his failure to complete that part of the form shall not be construed as a failure to comply with this section.

        (4)         The completed form must be returned to the Registrar—

            (a)         by delivering it at an office of the Court; or

            (b)         by sending it by post to the Principal Registrar at an address shown on the form.

        (6)         Any defendant who returns a form pleading guilty which complies with this section need not attend the court as directed by the summons.

        (7)         Where a defendant who has been served with forms of complaint and summons pursuant to this section fails to return a form pleading guilty which complies with this section and fails to appear in obedience to the summons, the court may, subject to subsection (7) of section 62B, proceed to exercise its powers under paragraph (a) or (b) of section 62.

        (7a)         Where—

            (a)         the defendant named in a complaint and summons bearing the endorsements mentioned in subsection (1) gives written notice to the Registrar of his intention to plead not guilty to the charge; and

            (b)         the Registrar, by notice served personally or by post on the defendant, notifies him of a time and place at which the court will proceed with the hearing of the charge,

the summons shall have effect as if the time and place notified by the Registrar were substituted for the time and place fixed in the summons for the hearing of the complaint.

        (8)         Where a complainant uses the form of complaint and summons prescribed by the rules he shall be deemed to be a public authority or a public officer lawfully acting pursuant to subsection (1) hereof unless the defendant satisfies the court to the contrary.

        (9)         Any defendant who has been charged upon complaint with a summary offence not punishable by imprisonment either for a first or subsequent offence, and who has been served with a summons issued pursuant to section 57, may plead guilty without appearing in court in obedience to the summons by completing and returning the form prescribed by subsection (1) of this section, whereupon the provisions of this section and sections 62B and 62C shall apply.

        (10)         This section shall not apply in relation to a defendant who is a child within the meaning of the Children's Protection and Young Offenders Act 1979 except where the defendant—

            (a)         is of or above the age of sixteen years; and

            (b)         is charged with an offence under the Road Traffic Act 1961 .

        (11)         In this section—

"public authority" means—

            (a)         any instrumentality or agency of the Crown in right of the State or the Commonwealth; or

            (b)         the Corporate Affairs Commission; or

            (c)         a municipal or district council; or

            (d)         any county board or local board of health; or

            (e)         any body declared by proclamation to be a public authority;

"public officer" means—

            (a)         any police officer, any member of the Australian Federal Police or any other officer or employee of the State or the Commonwealth; or

            (b)         any officer or employee of a public authority.

        (12)         The Governor may, by proclamation, declare a body to be a public authority for the purposes of this section and may, by subsequent proclamation, vary or revoke any such declaration.