1964_MAGISTRATES_ORDINANCE — Page 12

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1988 Ed.]

Magistrates

[CAP. 227

11,

(whether with or without any additional order, relating to suspension or cancellation of a licence, disqualification from obtaining or holding a licence, or as to compensation or otherwise), any public officer or body corporate authorized to prosecute in respect of that offence may file in a magistrate's court a notice of prosecution and shall, within 14 days of such filing, serve a copy of that notice by post on the defendant. (See Forms 104, 105)

(2) A notice under subsection (1)

(a) shall be in the prescribed form;

(b) shall be signed by the public officer or on behalf of the body corporate

filing the notice;

(c) shall state

(i) the name and address of the defendant;

(ii) particulars of the offence which is alleged to have been com- mitted and of the time and place at which it is alleged to have been committed; and

(iii) the date before which the defendant may file a written notice requiring a hearing being a date not less than 35 days after the date on which the notice of prosecution was filed; and

(d) shall be accompanied by a statement of the penalty which may be

imposed and any other order which may be made upon conviction.

(Added, 18 of 1984, s. 2)

Procedure where hearing required

7E. (1) Where a notice of prosecution has been filed and served and the defendant requires a hearing, he shall, by written notice filed in the magistrate's court in which the notice of prosecution was filed and before the date stated in the notice of prosecution, so state and shall, in that notice, state whether he intends to plead guilty or not guilty to the offence. (See Forms 109, 110, 111) (2) Where a written notice by the defendant mentioned in subsection (1) is filed, a summons shall be issued under section 8 and the prosecution shall proceed as if an information had been laid under that section by an informant deemed to act on behalf of the Attorney General.

Procedure where no hearing required

(Added, 18 of 1984, s. 2)

7F. (1) Where a notice of prosecution is filed and served and the defendant does not file a written notice under section 7E(1), a magistrate sitting in the absence of the parties and otherwise than in open and public court, shall determine the matter as if the defendant has pleaded guilty to the offence alleged in the notice of prosecution and may order the defendant to pay any fine or costs permitted by law.

(2) In determining the matter under subsection (1), the magistrate may take into account the nature of the offence and the particulars alleged in the notice of prosecution, any previous convictions in the statement accompanying the notice of prosecution, and any matter submitted by the defendant in response to the notice of prosecution.