Part I Criminal Jurisdiction and Procedure
Summary trial of information
13 Non-appearance of accused: issue of warrant.
C1C21
Subject to the provisions of this section, where the court, instead of proceeding in the absence of the accused, adjourns or further adjourns the trial, the court may, F1. . ., issue a warrant for his arrest.
C1C22
Where a summons has been issued, the court shall not issue a warrant under this section F2unless the condition in subsection (2A) below or that in subsection (2B) below is fulfilled.
F3C2C12A
The condition in this subsection is that it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on the accused within what appears to the court to be a reasonable time before the trial or adjourned trial.
C1C22B
The condition in this subsection is that—
a
the adjournment now being made is a second or subsequent adjournment of the trial,
b
the accused was present on the last (or only) occasion when the trial was adjourned, and
c
on that occasion the court determined the time for the hearing at which the adjournment is now being made.
C1F4C2C13
A warrant for the arrest of any person who has attained the age of 18 shall not be issued under this section unless—
a
F5. . . the offence to which the warrant relates is punishable with imprisonment, or
b
the court, having convicted the accused, proposes to impose a disqualification on him.
C1C23A
A warrant for the arrest of any person who has not attained the age of 18 shall not be issued under this section unless—
F6a
the offence to which the warrant relates is punishable, in the case of a person who has attained the age of 18, with imprisonment, or
b
the court, having convicted the accused, proposes to impose a disqualification on him.
F74
This section shall not apply to an adjournment on the occasion of the accused’s conviction in his absence under subsection (5) of section 12 above or to an adjournment required by subsection (9) of that section.
C25
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