Abstract: Practically all criminal cases come before justices of the peace, either to be tried summarily or for committal proceedings. Most of the summary cases and a few that are more serious are begun by the prosecutor ‘laying an information’ which comes before a justice or a justices' clerk, who authorises the issue of a summons which will be served on the defendant. A summons states the alleged offence and gives the date and place where the defendant is to appear. In the case of a person who would probably disregard a summons, the prosecutor may ask for a warrant of arrest as the initial step; this application must be made upon a sworn statement. The granting of summonses and warrants need not be done in open court; in the case of warrants for arrest it would often be unwise to advertise the steps that are being taken. In many cases there is neither summons nor warrant, for the accused has been arrested and charged at the police station and he appears before the magistrates' court on police bail or in custody. Where the police proceed by this method a copy of the charge-sheet is sent to the magistrates' court, and this constitutes ‘laying the information’.
Publication Year: 2011
Publication Date: 2011-02-17
Language: en
Type: book-chapter
Indexed In: ['crossref']
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