Part II
reasonable time before the hearing or adjourned hearing or the defendant has appeared on a previous occasion to answer to the complaint.
(4) Where the defendant fails to appear at an adjourned hearing, the court shall not issue a warrant under this section unless it is satisfied that he has had adequate notice of the time and place of the adjourned hearing.
(5) Where the defendant is arrested under a warrant issued under this section, the court may, on any subsequent adjournment of the hearing, but subject to the provisions of subsection (6) below, remand him.
(6) The court shall not issue a warrant or remand a defendant under this section or further remand him by virtue of section 128(3) below after he has given evidence in the proceedings.
(7) Where the court remands the defendant, the time fixed for the resumption of the hearing shall be that at which he is required to appear or be brought before the court in pursuance of the remand.
(8) A warrant under this section shall not be issued in any proceedings for the recovery or enforcement of a sum recover- able summarily as a civil debt or in proceedings in any matter of bastardy.
Non-appearance of complainant. 56. 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.
Non-appearance of both parties. 57. Where at the time and place appointed for the hearing or adjourned hearing of a complaint neither the complainant nor the defendant appears, the court may dismiss the complaint.
Civil debt
Money recoverable summarily as civil debt. 58.—(1) A magistrates’ court shall have power to make an order on complaint for the payment of any money recoverable summarily as a civil debt.
(2) Any sum payment of which may be ordered by a magistrates’ court shall be recoverable summarily as a civil debt except—
- (a) a sum recoverable on complaint for an affiliation order or order enforceable as an affiliation order; or
- (b) a sum that may be adjudged to be paid by a summary conviction or by an order enforceable as if it were a summary conviction.
