(3) A summons to answer to a charge contained on a S. 43(3) charge-sheet filed pursuant to paragraph (b) of amended by Nos 57/1989 subsection (2) shall require the person against s. 3(Sch. item whom the charge-sheet is filed to appear to 51.2(a)–(d)), 68/2009 answer to the charge at a date and place s. 97(Sch. mentioned in the summons before the court by item 44.17). which the original charge is to be heard and, where that date is not the return date of the original summons, the court shall adjourn the hearing of the original charge to that date or shall adjourn the hearing of the charges to a later date. (4) On the hearing of the charges— S. 43(4) amended by No. 57/1989 s. 3(Sch. item 51.3(a)). S. 43(4)(a) (a) the original informant or the original amended by informant's legal practitioner as well as the Nos 35/1996 other person who the accused has alleged s. 453(Sch. 1 item 22), committed the offence— 68/2009 s. 97(Sch. item 44.18). S. 43(4)(a)(i) (i) may cross-examine the accused (if the amended by accused gives evidence) and any No. 68/2009 s. 97(Sch. witness called by the accused; and item 44.18). (ii) may call evidence in rebuttal; and (b) the court— (i) may convict the other person if the S. 43(4)(b)(i) amended by contravention of this Act is proved and No. 68/2009 the original accused satisfies the court s. 97(Sch. item 44.18). that the contravention was due to the act or default of that other person;
S. 43(3) amended by Nos 57/1989 s. 3(Sch. item 51.2(a)–(d)), 68/2009 s. 97(Sch. item 44.17). (3) A summons to answer to a charge contained on a charge-sheet filed pursuant to paragraph (b) of subsection (2) shall require the person against whom the charge-sheet is filed to appear to answer to the charge at a date and place mentioned in the summons before the court by which the original charge is to be heard and, where that date is not the return date of the original summons, the court shall adjourn the hearing of the original charge to that date or shall adjourn the hearing of the charges to a later date. S. 43(4) amended by No. 57/1989 s. 3(Sch. item 51.3(a)). (4) On the hearing of the charges— S. 43(4)(a) amended by Nos 35/1996 s. 453(Sch. 1 item 22), 68/2009 s. 97(Sch. item 44.18). (a) the original informant or the original informant's legal practitioner as well as the other person who the accused has alleged committed the offence— S. 43(4)(a)(i) amended by No. 68/2009 s. 97(Sch. item 44.18). (i) may cross-examine the accused (if the accused gives evidence) and any witness called by the accused; and (ii) may call evidence in rebuttal; and (b) the court— S. 43(4)(b)(i) amended by No. 68/2009 s. 97(Sch. item 44.18). (i) may convict the other person if the contravention of this Act is proved and the original accused satisfies the court that the contravention was due to the act or default of that other person;
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