A Judge is not required to proceed to hear and determine a case if any pre-trial procedures required by Division 2A or by the rules to be completed before the trial of the case commences have not been completed.
249 Procedure where prosecutor does not, but accused person does, appear
(1) If the prosecutor does not appear on the day and at the time and place set by an order under Division 2 (or on a day to which a hearing has been adjourned), but the accused person attends, the court, if satisfied that the prosecutor was notified of the day, time and place:(a) must discharge the accused person as to the offence the subject of the proceedings, with or without costs, or(b) if the court thinks it appropriate, adjourn the hearing to a specified time and place.(2) Subsection (1) does not empower the court to order costs to be paid in proceedings for an offence referred to in section 475A of the Crimes Act 1900.(3) Division 4 applies to any award of costs arising from proceedings being dealt with under subsection (1).
250 Procedure where accused person does not obey order to appear
If the accused person does not appear on the day and at the time and place set by an order under Division 2 (or on a day to which a hearing has been adjourned), the court may, if satisfied that the order was served on the accused person:(a) proceed to hear and determine the matter in the absence of the accused person, or(b) if the court thinks the matter should not proceed on that day or without the accused person, adjourn the hearing to a specified time and place and make an order for the apprehension of the accused person under Division 2.
251 Procedure where both parties do not appear
If both the prosecutor and the accused person are not present, on a day and at the time and place to which a hearing has been adjourned, the court may proceed to hear and determine the matter in the absence of the parties.
252 Procedure where both parties appear
If both the prosecutor and the accused person are present on a day and at the time and place set for the hearing and determination of proceedings for a summary offence (including a day, time and place to which a hearing has been adjourned) the court must proceed to hear and determine the matter.
254 Enforcement of fines and orders
The payment of any money ordered by a court exercising summary jurisdiction under this Part to be paid as a penalty or for costs under Division 4 is taken to be a fine within the meaning of the Fines Act 1996.
255 Termination of lower court proceedings on commencement of proceedings under this Part
Any proceedings in a court to which Parts 2–4 apply for an offence for which proceedings may be taken under this Part or before that court are to be terminated on the court being notified, in accordance with the rules, of the commencement of proceedings under this Part for the offence.
256 Effect of conviction under this Part
A conviction under this Part for an offence that is of a kind that may be tried either on indictment or under this Part is taken for all purposes, except the Crimes (Local Courts Appeal and Review) Act 2001, to be a conviction on indictment.
257 Rules for summary criminal procedure
(1) The Rule Committee may make rules for or with respect to the practice and procedure of a court in the exercise of summary jurisdiction under this Part.(2) Without limiting the generality of subsection (1), the rules may make provision for or with respect to:(a) the service of orders under Division 2,(b) pre-trial procedures and related practices,(c) the attendance or apprehension of witnesses,(d) the examination of witnesses on oath, affirmation or declaration,(e) the production by witnesses of books, documents and writings,(f) the execution of warrants for the apprehension of any person,(g) any matter that by this Part is required to be prescribed by rules or that is necessary or convenient for the carrying out of or giving effect to the provisions of this Act relating to the summary jurisdiction of a court.(3) Nothing in this section limits the rule-making powers conferred on the Supreme Court by the Supreme Court Act 1970.