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Section 56 Non-appearance of complainant.C1

England and Wales

F1F2... Where at the time and place appointed for the hearing or adjourned hearing of a complaint the defendant appears but the complainant does not, the court may dismiss the complaint or, if evidence has been received on a previous occasion, proceed in the absence of the complainant.

Annotations

Textual amendments

F1

Words in s. 56 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2

Words in s. 56 substituted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 8 (with art. 39)

Modifications

C1

S. 56 modified by S.I. 2012/2814, Sch. 2 para. 3(2C) (as inserted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 143(b))

Notes on Part II

Modifications

C1

Pt. 2 applied in part (4.5.2021) by S.I. 1981/552, rule 60A (as inserted by The Magistrates’ Courts (Amendment) Rules 2021 (S.I. 2021/459), rules 1(1), 2(2))