Criminal Justice Legislation (Miscellaneous Amendments) Act 2002

Criminal Justice Legislation (Miscellaneous Amendments) Act
2002
Act No. 35/2002
s. 21
(5) The Court may rule as inadmissible the whole or any
part of an outline of evidence, a statement or an
exhibit.
(6) If the Court finds a defendant guilty in the defendant's
absence on the basis of an outline of evidence—
(a) the Court must not make a custodial order
under Division 2 of Part 3 of the Sentencing
Act 1991; and
(b) the Court must not make a community-based
order under Division 3 of Part 3 of the
Sentencing Act 1991; and
(c) the Court must not make an order for a fine
exceeding 20 penalty units under Division 4 of
Part 3 of the Sentencing Act 1991 and the total
sum of orders for fines must not exceed in the
aggregate 50 penalty units; and
(d) the total sum of orders made under Divisions 1
and 2 of Part 4 of the Sentencing Act 1991 for
the payment of restitution or compensation
must not exceed $2000.
(7) If, at any time during the hearing, the Court considers
that the charge, if proved, is likely to result in an order
prohibited by sub-clause (6), the Court—
(a) must adjourn the proceeding to enable the
defendant to appear or to be brought before the
Court to answer to the charge; and
(b) may issue a warrant to arrest the defendant.
(8) Except as provided by section 90 of the Road Safety
Act 1986, the Court must not be informed of nor have
regard to any prior convictions or findings of guilt of
the defendant.
(9) If the Court finds a charge against a person proven
and makes a sentencing order in their absence, the
Court must give by post written notice to the person,
at the address on the register, of—
(a) the order of the Court; and
(b) their right to apply for a re-hearing of the
charge.
(10) If a person is served with a notice under sub-clause
(9) and applies under section 93 for a re-hearing of the
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