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Vehicle Excise and Registration Act 1994

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This is the original version (as it was originally enacted).

55Guilty plea by absent accused

(1)This section applies where, under section 12(2) of the [1980 c. 43.] Magistrates' Courts Act 1980 or Article 24(2) of the [S.I. 1981/1675 (N.I.26).] Magistrates' Courts (Northern Ireland) Order 1981, a person is convicted in his absence of—

(a)an offence under section 29, or

(b)an offence under section 102 of the [1979 c. 2.] Customs and Excise Management Act 1979 in relation to a vehicle licence or a trade licence,

and it is appropriately proved that a relevant notice was served on the accused with the summons.

(2)In subsection (1)“appropriately proved” means—

(a)in England and Wales, proved to the satisfaction of the court—

(i)on oath, or

(ii)in the manner prescribed by rules under section 144 of the Magistrates' Courts Act 1980, and

(b)in Northern Ireland, proved to the satisfaction of the court—

(i)on oath,

(ii)by affidavit, or

(iii)in the manner prescribed by magistrates' courts rules, as defined by Article 2(3) of the Magistrates' Courts (Northern Ireland) Order 1981.

(3)In this section“relevant notice”, in relation to an accused, means a notice stating that, in the event of his being convicted of the offence, it will be alleged that an order requiring him to pay an amount specified in the notice falls to be made by the court—

(a)in a case within subsection (1)(a), under section 30, or

(b)in a case within subsection (1)(b), under section 36.

(4)Where this section applies, the court shall proceed under section 30, or section 36, as if the amount specified in the relevant notice were the amount calculated in accordance with that section.

(5)The court shall not so proceed if it is stated in the notification purporting to be given by or on behalf of the accused under—

(a)section 12(2) of the [1980 c. 43.] Magistrates' Courts Act 1980, or

(b)Article 24(2) of the [S.I. 1981/1675 (N.I.26).] Magistrates' Courts (Northern Ireland) Order 1981,

that the amount specified in the relevant notice is inappropriate.

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