Criminal Code (Cap. 9), article 360A

360A. (1) In summary proceedings for offences within the jurisdiction of the Court of Magistrates as a court of criminal judicature under article 370(1) the police may, together with t he summons or at any time thereafter, serve upon the accused copie s of any affidavits made by a public officer or by an employee or officer of a body corporate established by law or by a representative of an undertaking as defined in terms of article 2 the Electronic Communications (Regulation) Act and who is to be produced as a witness for the prosecution in those proceedings as well as any document to be produced in evidence in the same proceedings and if the accused desires to c ross-examine any per son whose affidavit has been served upon him as aforesaid he shall, not later than fifteen days before the first sitting following the service of the affidavit, give notice thereof to the Commissioner of Po lice by registered letter whereupon the person to be cross-examined shall be summoned to give evidence in the proceedings: Provided that for the purposes of this sub-article the word "document" shall have the same meaning assigned to it by articl e 558(2): Provided further that where it results that it was not possible for the accused to give notice to the Commissioner of Police within the time provided aforesaid such notice of the de sire to cross-examine may be given during the first sitting immediat ely after the service of the affidavit in which case the person to be cross-examined shall be summoned to give evidence in the following sitting. (2) The person whose affidavit was served on the accused as provided in sub-article (1) shall not be summoned to testify in the proceedings if the accused fails to give notice of the intentio n to cross-examine that person as pr ovided in that sub-article and t he said affidavit shall be admissible in evidence as proof of its CRIMINAL CODE [CAP. 9. 243 contents in those proceedings in the same way as if it had been testimony given viva voce in the presence of the accused. Judgements in absentia. Added by: XXIV .2014.50. *360B. (1) Notwithstanding the other provisions of this Code or of any other law, the provisions of this article shall apply to offences within the jurisdiction of the Court of Magistrates as a court of criminal judicat ure under article 370(1). (2) Where a person, having been charged with an offence referred to in sub-article (1) a nd having been duly served with a summons, fails to appear personally before the court, he shall be deemed to have given his consent for the trial to proceed in hi s absence and, the court shall proc eed with the hearing in the ab sence of the person charged and shall thereupon proceed to deliver judgement: Provided that any person charged as aforesaid may instead of appearing before the Court of Magistrates file in the Regist ry of that court representations in writing and, or a declaration on the facts of the case confirmed on oath contesting the charge again st him, and the Court shall, prior to deciding the case, take into account such representations and , or a declaration as if they h ad been made viva voce before the said court. (3) A judgement delivered in terms of this article shall be subject to appeal. (4) Where no appeal is filed, a judgement delivered in terms of this article shall be served on the offender personally who, wi thin seven working days of service, s hall have a further right of ap peal against judgement and the prov isions of this code relating to appeals shall, subject to the provisions of this article, mutatis mutandis apply: Provided that there shall be no right of appeal if it is shown that any of the following circumstances exist: (a) the offender was in due time: (i) summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the judgement, or by other means actually received offici al information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he was awar e of the schedul ed trial; and (ii) informed that a judgement may be handed down if he does not appear for the trial; or (b) the offender, being aware of the scheduled trial, had given a mandate to legal counsel appointed by him to defend him at his trial, and was indeed defended by the said legal counsel at the trial. (5) A summons issued under this article shall also contain an intimation that in default of appearance the person summoned sh all be deemed to have given his consent for the trial to proceed in his *this article is not yet in force. 244 CAP . 9.] CRIMINAL CODE absence. (6) Where a judgement is served as provided under sub-article (4) the offender shall also be informed of his further right of appeal in terms of the said sub-article. Term for service of summons. Amended by: VI.1871.26; II.1886.9; IX.1911.16.