Act index » Chapter 2 - Commencing a criminal proceeding » Part 2.3 - Notifying accused of court appearance » Division 1 - Summons or warrant to arrest
14 Police or public official may issue summons
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S. 14(1)(a) substituted by No. 37/2014 s. 10(Sch. item 41.2(a)).
(b)a public official acting in the performance of his or her duty (whether the power to commence the proceeding is conferred on him or her by or under an Act or at common law)—
may, after signing a charge-sheet containing a charge, issue a summons to answer to the charge.
There is a presumption in favour of proceeding by summons if an accused is a child—see section 345 of the Children, Youth and Families Act 2005.
(2)If a police officer or a public official issues a summons under subsection (1), he or she must file the charge-sheet and summons in the Magistrates' Court within 7 days after signing the charge-sheet.
S. 14(2) amended by Nos 37/2014 s. 10(Sch. item 41.2(b)), 20/2025 s. 7(b).
(3)If it appears to the Magistrates' Court that subsection (2) has not been complied with in relation to a proceeding, the court may strike out the charge.
Section 401(3) allows the court to award costs if a charge is struck out.