Page:Magistrates’ Courts Act 1980.pdf/20

12c. 43

(7) The Secretary of State may by order made by statutory instrument provide that this section shall not apply in relation to such offences (in addition to an offence for which the accused is liable to be sentenced to be imprisoned for a term exceeding 3 months) as may be specified in the order, and any order under this subsection—
 * (a) may vary or revoke any previous order thereunder; and
 * (b) shall not be made unless a draft thereof has been approved by resolution of each House of Parliament,

(8) Any such notice or statement as is mentioned in subsection (1) above may be served in Scotland with a summons which is so served under the Summary Jurisdiction (Process) Act 1881.

13.'—(1) Subject to the provisions of this section, where the court, instead of proceeding in the absence of the accused, adjourns or further adjourns the trial, the court may, if the information has been substantiated on oath, issue a warrant for his arrest.

(2) Where a summons has been issued, the court shall not issue a warrant under this section unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on the accused within what appears to the court to be a reasonable time before the trial or adjourned trial or the accused has appeared on a previous occasion to answer to the information.

(3) A warrant for the arrest of any person who has attained the age of 17 shall not be issued under this section unless—
 * (a) the offence to which the warrant relates is punishable with imprisonment; or
 * (b) the court, having convicted the accused, proposes to impose a disqualification on him.

(4) This section shall not apply to an adjournment by reason of the requirements of paragraph (b) of subsection (2) of section 12 above or to an adjournment on the occasion of the accused’s conviction in his absence under that subsection.

(5) Where the court adjourns the trial-
 * (a) after having, either on that or on a previous occasion, received any evidence or convicted the accused without hearing evidence on his pleading guilty under section 9(3) above; or
 * (b) after having on a previous occasion convicted the accused without hearing evidence on his pleading guilty under section 12(2) above,

the court shall not issue a warrant under this section unless it thinks it undesirable, by reason of the gravity of the offence, to continue the trial in the absence of the accused.