Magistrates' Courts Act 1957
| Jurisdiction | UK Non-devolved |
| Citation | 1957 c. 29 |
| Year | 1957 |
Magistrates' Courts Act , 1957
(5 & 6 Eliz. 2) CHAPTER 29
An Act to make provision for persons charged with certain summary offences to plead guilty without appearing before the court; to provide for the proof before magistrates' courts of certain matters; to restrict the power of such courts to issue a warrant for the arrest of an accused person on his failing to appear; to extend the power of such courts with respect to the mitigation of penalties; and for other purposes connected with the purposes aforesaid.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Plea of guilty in absence of accused.
(1) Subject to subsection (5) of this section, this section shall apply where a summons has been issued requiring a person to appear before a magistrates' court, other than a juvenile court, to answer to an information for a summary offence, not being—
(a ) an offence which is also triable on indictment; or
(b ) an offence for which the accused is liable to be sentenced to be imprisoned for a term exceeding three months,
and the clerk of the court is notified by or on behalf of the prosecutor that the following documents have been served upon the accused with the summons, that is to say—
(i) a notice containing such statement of the effect of this section as may be prescribed; and
(ii) a concise statement in the prescribed form of such facts relating to the charge as will be placed before the court by or on behalf of the prosecutor if the accused pleads guilty without appearing before the court.
(2) Where the clerk of the court receives a notification in writing purporting to be given by the accused or by a solicitor acting on his behalf that the accused desires to plead guilty without appearing before the court, the clerk of the court shall inform the prosecutor of the receipt of the notification and if at the time and place appointed for the trial or adjourned trial of the information the accused does not appear and it is proved to the satisfaction of the court, on oath or in the prescribed manner, that the notice and statement of facts referred to in the foregoing subsection have been served upon the accused with the summons, then—
(a ) the court may proceed to hear and dispose of the case in the absence of the accused, whether or not the prosecutor is also absent, in like manner as if both parties had appeared and the accused had pleaded guilty; or
(b ) if the court decides not to proceed as aforesaid, the court shall adjourn or further adjourn the trial for the purpose of dealing with the information as if the notification aforesaid had not been given:
Provided that—
(i) if at any time before the hearing the clerk of the court receives an intimation in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification aforesaid, the clerk of the court shall inform the prosecutor thereof and the court shall deal with the information as if this section had not been passed;
(ii) before accepting the plea of guilty and convicting the accused in his absence under this subsection, the court shall cause the notification and statement of facts aforesaid, including any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence, to be read out before the court;
(iii) if the court proceeds under this...
To continue reading
Request your trial