Vehicle Excise and Registration Act 1994

55 Guilty plea by absent accused. E+W+S+N.I.

(1) This section applies where, under section [F1 12(5)] of the M1 Magistrates’ Courts Act 1980 or Article 24(2) of the M2 Magistrates’ Courts (Northern Ireland) Order 1981, a person is convicted in his absence of [F2 an offence under section 29 or 35A] and it is appropriately proved that a relevant notice was served on the accused with a 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 [F3 Criminal Procedure Rules] , 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 [F4 12(4)] of the M3 Magistrates’ Courts Act 1980, or

(b) Article 24(2) of the M4 Magistrates’ Courts (Northern Ireland) Order 1981,

that the amount specified in the relevant notice is inappropriate.

Annotations:

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Amendments (Textual)

F1 Words in s. 55(1) substituted (1.9.1998) by 1998 c. 15, s. 4(2)(c); S.I. 1998/1837, art. 2

F2 Words in s. 55(1) substituted (29.4.1996 with effect as mentioned in Sch. 2 para. 14(3) of the amending Act) for s. 55(1)(a)(b) by 1996 c. 8, s. 23, Sch. 2 para. 14(2)(3)

F3 Words in s. 55(2)(a)(ii) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 362(b); S.I. 2004/2066, art. 2(c)(xvi) (subject to art. 3)

F4 Words in s. 55(5)(a) substituted (1.9.1998) by 1998 c. 15, s. 4(1)(b); S.I. 1998/1837, art. 2

Marginal Citations

M1 1980 c. 43.

M2 S.I. 1981/1675 (N.I.26).

M3 1980 c. 43.

M4 S.I. 1981/1675 (N.I.26).