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Article 12 Amendments to the Criminal Procedure Rules 2015

Original text. Later amendments are not shown.

In Part 24 (Trial and sentence in a magistrates’ court)—

(a)

in rule 24.12 (Procedure where a party is absent), for paragraph (4) substitute—

“(4)

Where the defendant is absent, the court—

(a)

must exercise its power to issue a warrant for the defendant’s arrest and detention in the terms required by rule 13.3(3) (Terms of a warrant for detention or imprisonment), if it passes a custodial sentence; and

(b)

may exercise its power to issue a warrant for the defendant’s arrest in any other case, if it does not apply the general rule in paragraph (3)(a) of this rule about proceeding in the defendant’s absence.”; and

(b)

in the note to rule 24.12, at the end of the fourth sentence after “that sentence” insert “: see also rule 13.3”.