Page 128 - Magistrates Conference 2019

GUIDELINES

• Did the complainant have due notice of time and place of hearing?

• Whether or not an excuse for the complainant’s absence was given and whether it was satisfactory was an important
consideration?

• Stand the matter down to ascertain from the prosecutor the reason for the non-appearance of the complainant, if
none is forthcoming

• Have regard to the history of the matter, adjournments, time since charge laid, and whether or not complainant
appeared and was ready to proceed on previous occasions, and what extent the adjournments and resulting delay
was due to the complainant or to the defendant.

• Utilise case management or where there is none, magistrates must fix a date for the trial and proceed with it on that
date. That fixed date should be agreed by all parties if possible and all should be in order for the matter to proceed.
It is on that date that the police complainant must appear, after having received due notice of the date. Even if
he/she do not appear, the court must inquire whether the matter could be prosecuted in his absence.

• There is an important public interest in the outcome of all criminal prosecutions, especially where the offence is a
serious one.

• The list is not exhaustive.

Burgess v Silverton Mag. App No. 98/2008; Cumberbatch v Manning and Vasqueo Mag. Appeal No. 3 of
2012