Part I Criminal Jurisdiction and Procedure

Offences triable on indictment or summarily

26 Power to issue summons to accused in certain circumstances.

1

Where—

a

in the circumstances mentioned in section 23(1)(a) above the court is not satisfied that there is good reason for proceeding in the absence of the accused; or

b

subsection (4)(b) or (5) of section 23 or subsection (2) or (6) of section 25 above applies, and the court adjourns the hearing in pursuance of that subsection without remanding the accused,

the justice or any of the justices of which the court is composed may issue a summons directed to the accused requiring his presence before the court.

2

If the accused is not present at the time and place appointed—

a

in a case within subsection (1)(a) above, for the proceedings under section 19(1) or 22(1) above, as the case may be; or

b

in a case within subsection (1)(b) above, for the resumption of the hearing,

the court may issue a warrant for his arrest.