Area of Law – Practice and Procedure

An Article about Magistrates’ Court re-hearing application

Re-hearing application
Often you will have been charged and then changed address. The officer does not know that, so he sends the summons to your old address. Or, the officer wrote your address down wrongly and it went to your neighbours place.

The matter is then heard in your absence, and you get a result that you should not have got. You might have your licence cancelled, and you had a defence to the charge. Or, the reason you know nothing about this is because someone was using your name without you knowing.

A re-hearing application will allow us to fix this up for you.

One of the keys to a re-hearing application, is to make sure that you lodge your application as soon as possible. If you do not do it straight away, it may effect the Court’s decision to let you have a re-hearing of the matter.

MAGISTRATES’ COURT ACT 1989 – SECT 93 Application for re-hearing

There is an automatic right to re-hearing

a) where the charge sheet was served by post and

b) the Court is satisfied that the charge was not brought to the notice of the applicant prior to the hearing.

MAGISTRATES’ COURT ACT 1989 – SECT 95 Automatic re-hearing in certain cases

If an applicant-

(a) has lodged a notice under section 94; and

(b) is in custody only because of the order that is the subject of the application-

the Court may grant the applicant bail pending the re-hearing

 

Date: 01/09/2009