Section 52: Dispensing with accused's personal attendance

(1)When a magistrate issues a summons in respect of any offence, other than a felony, the magistrate may, if he or she sees reason to do so, dispense with the personal appearance of the accused, subject to the accused pleading guilty in writing addressed to the court prior to the trial or to his or her appearance at the trial by an advocate.

(2)The magistrate inquiring into or trying any case may, in his or her discretion, at any subsequent stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce that attendance in a manner hereafter provided; but no such warrant shall be issued unless a complaint or charge has been made upon oath.

(3)If a magistrate imposes a fine on an accused person whose personal attendance has been dispensed with under this section, and the fine is not paid within the time prescribed for the payment, the magistrate may forthwith issue a summons calling upon the accused person to show cause why he or she should not be committed to prison for such period as the magistrate may then prescribe.

(4)If the accused person does not attend upon the return of the summons, the magistrate may forthwith issue a warrant and commit that person to prison for such period as the magistrate may then fix.

(5)If, in any case in which under this section, the attendance of an accused person is dispensed with, previous convictions are alleged against that person and are not admitted in writing or through the person’s advocate, the magistrate may adjourn the proceedings and direct the personal attendance of the accused, and, if necessary, enforce that attendance in a manner hereafter provided.

(6)Whenever the attendance of an accused has been so dispensed with, and his or her attendance is subsequently required, the cost of any adjournment for that purpose shall be bome in any event by the accused.