>[!INFO] What is an ex-parte hearing? >An ex-parte hearing means a court hearing a matter and providing a finding (or sentence) without the accused present at the time of the hearing. > >[[Section 80 Non-Appearance of Party]] of the Criminal Procedure Act 2009 provides for this. # Key Points - Ex-parte hearings can only be used for *summary offences*. - The accused can be on *bail* or on *summons* for that summary offence. - The follow restrains are in place for sentencing: - *Fines* for single charge up to $3,000.00, multiple charges $5,000.00. - *Restitution* cannot exceed $2,000.00. - *Imprisonment*, *Diversions*, *CCO*'s and *Adjourned Undertakings* aren't allowed because you need the consent of the accused (or their physical presence). In addition to these key points, certain matters are **too serious** to be heard ex-parte and Prosecution should seek a warrant when the matter relates to: - *Family violence* offending; or - Multiple criminal priors for *similar offending*; or - A victim who wants to make a *victim impact statement* (or should have an opportunity to do so).