Magistrates’ Courts Act 1980

12 Non-appearance of accused: plea of guilty. E+W+S

(1) Subject to subsection (7) below, this section shall apply where a summons has been issued requiring a person to appear before a magistrates’ court, other than a juvenile court, to answer to an information for a summary offence, not being an offence for which the accused is liable to be sentenced to be imprisoned for a term exceeding 3 months, and the clerk of the court is notified by or on behalf of the prosecutor that the following documents have been served upon the accused with the summons, that is to say—

(a) a notice containing such statement of the effect of this section as may be prescribed; and

(b) a concise statement in the prescribed form of such facts relating to the charge as will be placed before the court by or on behalf of the prosecutor if the accused pleads guilty without appearing before the court.

(2) Subject to subsections (3) to (5) below, where the clerk of the court receives a notification in writing purporting to be given by the accused or by a [F1 legal representative]acting on his behalf that the accused desires to plead guilty without appearing before the court, the clerk of the court shall inform the prosecutor of the receipt of the notification and if at the time and place appointed for the trial or adjourned trial of the information the accused does not appear and it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the notice and statement of facts referred to in subsection (1) above have been served upon the accused with the summons, then—

(a) subject to section 11(3) and (4) above, the court may proceed to hear and dispose of the case in the absence of the accused, whether or not the prosecutor is also absent, in like manner as if both parties had appeared and the accused had pleaded guilty; or

(b) if the court decides not to proceed as aforesaid, the court shall adjourn or further adjourn the trial for the purpose of dealing with the information as if the notification aforesaid had not been given.

(3) If at any time before the hearing the clerk of the court receives an intimation in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification aforesaid, the clerk of the court shall inform the prosecutor thereof and the court shall deal with the information as if this section had not been passed.

(4) Before accepting the plea of guilty and convicting the accused in his absence under subsection (2) above, the court shall cause the notification and statement of facts aforesaid, including any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence, to be read out before the court [F2 by the clerk of the court].

(5) If the court proceeds under subsection (2) above to hear and dispose of the case in the absence of the accused, the court shall not permit any statement to be made by or on behalf of the prosecutor with respect to any facts relating to the offence charged other than the statement of facts aforesaid except on a resumption of the trial after an adjournment under section 10(3) above.

(6) In relation to an adjournment by reason of the requirements of paragraph (b) of subsection (2) above or to an adjournment on the occasion of the accused’s conviction in his absence under that subsection, the notice required by section 10(2) above shall include notice of the reason for the adjournment.

(7) The Secretary of State may by order made by statutory instrument provide that this section shall not apply in relation to such offences (in addition to an offence for which the accused is liable to be sentenced to be imprisoned for a term exceeding 3 months) as may be specified in the order, and any order under this subsection—

(a) may vary or revoke any previous order thereunder; and

(b) shall not be made unless a draft thereof has been approved by resolution of each House of Parliament.

(8) Any such notice or statement as is mentioned in subsection (1) above may be served in Scotland with a summons which is so served under the M1 Summary Jurisdiction (Process) Act 1881.

[F3 (9) Where the clerk of the court has received such a notification as is mentioned in subsection (2) above but the accused nevertheless appears before the court at the time and place appointed for the trial or adjourned trial the court may, if the accused consents, proceed under this section as if he were absent.]

Extent Information

E1 S. 12(8) extends to Scotland see s. 155(2)(a)

Textual Amendments

F1 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37, 82), s. 125(3), Sch. 18 para. 25(4)(a)

F2 Words added by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. I para. 1(2)

F3 S. 12(9) added by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. I para. 1(3)

Marginal Citations

M1 1881 c. 24.