Section 137

In any case relating to an offence punishable by fine only or by imprisonment only of a term not exceeding three months or by both fine and imprisonment not exceeding three months and in which a

Magistrate has issued a summons, an accused person desiring to plead guilty and be convicted and sentenced in his absence may appear by advocate, or may by letter addressed to the Magistrate plead guilty and submit to pay any fine which may be imposed in respect of that offence

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and the Magistrate may thereupon record a plea of guilty and convict him according to law, and may sentence him to a fine with or without a sentence of imprisonment in default of payment of the fine.

In case of a plea of guilty by letter the accused shall give in the letter an adequate postal address and the Magistrate shall inform the accused by letter sent by registered post to that address of the sentence imposed. Any fine so imposed shall be paid by the accused within seven days from the day on which the Magistrate’s letter was delivered at that address in the ordinary course of post.

The Magistrate inquiring into or trying the case may in his discretion at any stage of the proceedings direct the personal attendance of the accused, and if necessary enforce the attendance in the manner hereinbefore provided.

A sentence of imprisonment without the option of a fine shall not be pronounced in the absence of the accused but the Magistrate, if he intends to pass such a sentence, shall direct and enforce the personal attendance of the accused in accordance with subsection (4), and upon the attendance may, subject to subsection (6), pass sentence according to law.

Upon the accused appearing as aforesaid the Magistrate shall, if the accused desires to withdraw his plea of guilty and claim trial, and notwithstanding any order of conviction made in his absence, permit the accused to withdraw such plea and shall thereupon hear and determine the case and, if the accused is convicted, pass sentence according to law.

Nothing in this section contained shall affect the powers of the

Court conferred by paragraph 173(o).