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.

F11

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

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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

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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.

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