# The Magistrates' Courts (Forfeiture of Political Donations) Rules 2003, Article 5: Procedure at hearing


(1) Any person—
(a) to whom notice of the application has been given; or
(b) who has been joined as a party to the proceedings under rule 4;
may attend and be heard on the question of whether a forfeiture order should be made.
(2) If any person referred to in paragraph (1) fails to attend or to be represented at the hearing of which he has been duly notified the court may unless it is satisfied that there is good and sufficient reason for such absence—
(a) hear and determine the proceedings in the absence of the party to the proceedings or his representative, or
(b) postpone or adjourn the hearing.
(3) Before deciding to hear and determine any proceedings in the absence of a party to the proceedings or his representative, the court shall—
(a) consider any representations in writing; or
(b) otherwise submitted by or on behalf of that party in response to the notice of the hearing; and
(c) shall give any party to the proceedings present at the hearing an opportunity to be heard in regard to those representations.
(4) The justices' chief executive shall, as soon as reasonably practicable after the hearing, send a copy of any order made at the hearing to any person referred to in paragraph (1) who has failed to attend or to be represented at the hearing.
(5) Subject to the foregoing provisions of these Rules—
(a) proceedings on an application for a forfeiture order shall be regulated in the same manner as proceedings on complaint; and
(b) accordingly, for the purpose of this rule—
(i) the application shall be deemed to be a complaint;
(ii) the applicant to be the complainant;
(iii) the respondent to be the defendant; and
(iv) any notice given under rule 2(2) of these Rules to be a summons;
but nothing in this rule shall be construed as enabling a warrant of arrest to be issued for failure to appear in answer to any such notice.

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Source: https://www.legislation.gov.uk/uksi/2003/1645/article/5 (the official version)
Page: https://openlegislation.uk/magistrates-courts-forfeiture-of-political-donations-rules-2003/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.