Section 16E: Accused not aware of single justice procedure notice, Magistrates' Courts Act 1980

This section applies if—

a single justice procedure notice has been issued, and

the written charge is being tried, or has been tried, in accordance with section 16A.

This section does not apply if the trial of the written charge has been adjourned under section 16B(3)(a) or 16C(3)(a).

The proceedings subsequent to the single justice procedure notice are void if—

the accused makes a statutory declaration that the accused did not know of the single justice procedure notice or the proceedings until a date that the accused specifies in the statutory declaration,

that date is a date after a magistrates' court began to try the written charge,

the declaration is served on the designated officer specified in the single justice procedure notice within 21 days of that date in such manner as Criminal Procedure Rules may prescribe, and

at the same time as serving the declaration, the accused responds to the single justice procedure notice by serving a written notification on that designated officer.

Subsection (3) does not affect the validity of a written charge or a single justice procedure notice.

A magistrates' court may accept service of a statutory declaration required by subsection (3) after the period described in subsection (3)(c) if, on application by the accused, it appears to the court that it was not reasonable to expect the accused to serve that statutory declaration within that period.

A magistrates' court that accepts a statutory declaration under subsection (5) is to be treated as accepting service of a written notification that is served at the same time.

A statutory declaration accepted under subsection (5) and a written notification treated as accepted under subsection (6) are to be treated as having been served as required by subsection (3).

If proceedings have become void under subsection (3), the reference in section 16A to the period within which a written notification must be served is to be read as referring to a period that ends on—

the date on which a written notification is served under subsection (3)(d), or

if a magistrates' court is treated as accepting service of a written notification by virtue of subsection (6), the date on which the written notification is so treated as accepted.

If proceedings have become void under subsection (3), the written charge may not be tried again by any of the same justices.

A magistrates' court carrying out functions under subsection (5) may be composed of a single justice.

Section 16E: Accused not aware of single justice procedure notice

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