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PART IIJurisdiction and Procedure

Issue of Process by Justices

31Provisions as to issue of process by justices in case of persons outside jurisdiction

(1)Where it appears to any justice necessary or expedient, with a view to the better administration of justice, that any person charged with any indictable offence, or with a summary offence, should be tried jointly with or in the same place as some other person who is charged with an indictable offence or a summary offence, as the case may be, and who is in custody or is being or is to be proceeded against within the jurisdiction of that justice, he may, notwithstanding that the person so charged is not within that jurisdiction, issue a summons or a warrant against him.

Where a person charged with a summary offence or an offence which may be dealt with summarily is brought to any place under a warrant issued under this subsection, or appears in any place in answer to a summons so issued, a court of summary jurisdiction having jurisdiction in that place shall have the same power to hear and dispose of the charge as the court would have had if the offence had been committed within the jurisdiction of the court.

(2)Where an offence punishable on summary conviction has been committed, or is suspected of having been committed, by any person who is residing or being, or is believed to reside or be, within the jurisdiction of any justice, that justice shall have power to issue a warrant of any description in the case in the same manner as if the offence had been committed within his jurisdiction:

Provided that every warrant so issued for the arrest of any person shall direct that the offender shall when apprehended be taken before a court of summary jurisdiction having jurisdiction to deal with the case.

(3)Any warrant lawfully issued by a justice for compelling the appearance of any person or for apprehending any person charged with an offence, whether punishable on summary conviction or on indictment, and any warrant of commitment, search-warrant or warrant of distress, lawfully issued by a justice, may be executed in any county or place in England or Wales outside the jurisdiction of the justice by whom it was issued in the same manner as if it had been originally issued by a justice having jurisdiction in that county or place, and the execution may be effected either by any person to whom the warrant was originally directed or by any constable of that county or place, and in the case of a warrant of commitment the person apprehended may be conveyed either to the prison mentioned in the warrant or to any other prison.

(4)The power of a justice under section sixteen of the Indictable Offences Act, 1848, and under section seven of the [11 & 12 Vict. c. 43.] Summary Jurisdiction Act, 1848, to issue process for the purpose of obtaining the attendance as a witness of any person within the jurisdiction of the justice, and under section twenty-nine of the [4 & 5 Geo. 5. c. 58.] Criminal Justice Administration Act, 1914, to summon and require any such person to attend as a witness and to produce such books, plans, papers, documents, articles, goods and things as are mentioned in the said section, shall be extended so as to authorise the issue of such process in the case of a person who though not within the jurisdiction of the justice is in any county or place in England or Wales.