Cap 556D s 45 Proceedings in the absence of the defendant (MASS TRANSIT RAILWAY (TRANSPORT INTERCHANGE) BYLAW; MASS TRANSIT RAILWAY ORDINANCE)

Contents of Section

Chapter:	556D	Title:	MASS TRANSIT RAILWAY (TRANSPORT INTERCHANGE) BYLAW	Gazette Number:	L.N. 136 of 2000; G.N. 3903 of 2000
Section:	45	Heading:	Proceedings in the absence of the defendant	Version Date:	30/06/2000

(1) Where at the time and place appointed for the hearing or adjourned hearing of a complaint a person served with a summons under section 44(1) does not appear before the magistrate, the magistrate may, subject to subsection (2), proceed to the hearing of the complaint and adjudicate thereon as fully and effectually to all intents and purposes as if such person had personally appeared before him in obedience to the summons.
(2) The magistrate shall not begin to hear the complaint in the absence of the defendant unless-

(a) service is proved under section 44(2); or

(b) the defendant has appeared on a previous occasion to answer to the complaint.

(3) Notwithstanding section 44(2), for the purposes of subsection (2) a summons shall be deemed not to have been served unless service was effected within what is deemed by a magistrate to be a reasonable time before the time appointed in the summons for appearing thereto.