Part I Criminal Jurisdiction and Procedure
Jurisdiction to issue process and deal with charges
1 Issue of summons to accused or warrant for his arrest.
F1(1)
On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—
(a)
a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or
(b)
a warrant to arrest that person and bring him before a magistrates' court.
(2)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
No warrant shall be issued under this section unless the information is in writing F3. . . .
(4)
No warrant shall be issued under this section for the arrest of any person who has attained F4 the age of 18 years unless—
(a)
the offence to which the warrant relates is an indictable offence or is punishable with imprisonment, or
(b)
the person’s address is not sufficiently established for a summons to be served on him.
(5)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
Where the offence charged is an indictable offence, a warrant under this section may be issued at any time notwithstanding that a summons has previously been issued.
(7)
A justice of the peace may issue a summons or warrant under this section upon an information being laid before him notwithstanding any enactment requiring the information to be laid before two or more justices.
(8)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .