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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Powers of court when neither party appears

132: Powers of court when neither party appears

You could also call this:

"What happens in court if neither side shows up"

Illustration for Criminal Procedure Act 2011

If you are at a court hearing and neither the prosecutor nor the defendant shows up, this section of the law applies to you. The court can then make a decision, such as dismissing the charge under section 147, which means the court decides the charge is not valid. The court can also adjourn the hearing to a later time and place, and set conditions for this, which means the hearing is postponed until another day.

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Part 5General provisions
Conduct of proceeding: Powers of court when neither party appears

132Powers of court when neither party appears

  1. This section applies to any hearing if neither the prosecutor nor the defendant appears.

  2. The court may—

  3. dismiss the charge under section 147; or
    1. adjourn the hearing to a time and place, and on any conditions, that the court thinks fit.

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