Detail

(Section 101)

1. Trial

A district court shall hold a trial in a proceeding commenced by means of a ticket, if —
1. (a) the defendant requests a trial in accordance with section 99; or
1. (b) more than 14 days have elapsed since the date of service of the ticket and the person alleged to have committed the offence has not exercised any of the options referred to in section 97. (Amended by Act 10 of 2006)

2. Attendance of the traffic officer

If a defendant in responding to a ticket indicates that the attendance of the traffic officer who completed the ticket is required for the purposes of cross-examination, the Commissioner of Police shall ensure that the traffic officer attends the trial.

3. Court shall not require defendant to appear personally

Despite any provision in any enactment regarding appearance in Court by a defendant, if the defendant appears for the trial by counsel or agent, the Court shall not issue a warrant for the arrest of the defendant.

4. Ex parte trial where defendant and agent absent

If the defendant does not appear for the trial in person or by counsel or agent and the Court is satisfied that the defendant was served with the ticket and notified of the time and place of the trial, the Court may —
1. (a) after directing the clerk to enter a plea of not guilty, proceed with the trial in the absence of the defendant; or
1. (b) adjourn the proceeding and fix a new trial date, if the prosecution requests.

5. Non-appearance of defendant at new trial

If the defendant does not appear for the trial at the new trial date fixed under paragraph (4)(b), the Court shall, after directing the clerk to enter a plea of not guilty, proceed with the trial in the absence of the defendant.

6. Non-appearance of defendant at resumption of trial

If the trial begins, either on the date originally fixed or on the new date fixed under paragraph (1)(b) or 4(b), but is adjourned and the defendant does not appear for the resumption of the trial, the Court may —
1. (a) either adjourn the trial and fix a new date for its resumption on any term that the Court considers proper or resume the trial in the absence of the defendant; or
1. (b) shall resume the trial in the absence of the defendant, if the proceeding has previously been adjourned as a result of the defendant not appearing.

7. Warrant of arrest

Despite any provision in any enactment regarding appearance in Court by a defendant, if the defendant does not appear for the trial or a resumption of the trial, a warrant for the arrest of the defendant shall not be issued.

8. Dismissal where crown absent

If the defendant appears for the trial but the prosecution does not and the Court is satisfied that the prosecution was notified of the time and place of the trial, the Court or justice may —
1. (a) adjourn the proceeding and fix a new trial date, on any terms that the Court considers proper; or
1. (b) where there have been previous adjournments and no satisfactory reason is provided for the continued absence of the prosecution, dismiss the proceedings.

9. Dismissial of proceeding

If the defendant appears for the trial at the new trial date fixed under paragraph 8(b) but the prosecution does not, the Court shall dismiss the proceeding.

10. Non-appearance under paragraph 8(b) or 4(b)

If the trial begins, either on the date originally fixed or on the new date fixed under paragraph 8(b) or 4(b), but is adjourned and the prosecution does not appear for the resumption of the trial, the Court may —
1. (a) either adjourn the trial and fix a new date for its resumption, on any terms that the Court considers proper; or
1. (b) shall dismiss the proceeding, if it has previously been adjourned as a result of the prosecution not appearing.

11. Notice of new trial date

As soon as practicable after the Court fixes a new trial date or a new date for the resumption of the trial, the clerk of the Court shall notify the defendant and the prosecution of its time and place.

12. Notice of conviction

As soon as practicable after a person is convicted in his or her absence, the clerk of the Court shall cause a notice of the conviction, the amounts of any fine, fees and costs and any time allowed for their payment to be sent to the person by ordinary mail.