HL Deb 29 June 1988 vol 498 cc1699-700WA
The Marquess of Ailesbury

asked Her Majesty's Government:

Under what circumstances a trial for a traffic offence may proceed in a magistrates' court despite the fact that the defendant has notified the court of his inability to attend on the appointed date.

Earl Ferrers

Generally, a court may proceed in the absence of a defendant if he does not appear at the time and place set for his trial but the prosecutor does, or evidence has been given on a previous occasion. Where a summons has been issued, the court may proceed if it is proved to its satisfaction that the summons was served on the defendant a reasonable time before the hearing, or the defendant has appeared on a previous occasion to answer the information against him. It is for the discretion of the court whether to proceed or adjourn.