1988 Ed.]
Magistrates
[CAP. 227
13
writing for that purpose by a magistrate, being a complaint or information in respect of which a magistrate has power to convict summarily or to make an order for the payment of money or otherwise, it shall be lawful, subject to this Part, for a summons to be issued by or on behalf of a magistrate. (Replaced, 18 of 1981, s. 2) (See Form 1)
(1A) Every such summons shall be issued to the person against whom the complaint has been made or information laid, stating shortly the matter of the complaint or information and requiring him to appear at a certain time and place before a magistrate to answer to the complaint or information and to be further dealt with according to law. (Added, 18 of 1981, s. 2)
(1B) (a) Subject to paragraph (b), a summons shall be issued where the complainant or informant is deemed to act on behalf of the Attorney General; and for the purpose of this subsection and subsection (1C), any public servant the Attorney General may from time to time by any general or special direction authorize to make a complaint to or to lay before a magistrate an information and any member of the police force shall be deemed to act on behalf of the Attorney General.
(b) A summons may be issued without consideration of the complaint or information by the magistrate or an officer of a magistrate's court, but, if a magistrate does consider the complaint or information, then notwithstanding paragraph (a) he may for good cause refuse to issue a summons. (Added, 18 of 1981, s. 2)
(1C) Where the complainant or informant is not deemed by subsection (1B) to act on behalf of the Attorney General, a summons shall not be issued under this section save by a magistrate personally. (Added, 18 of 1981, s. 2)
(1D) Every such summons shall-
(a) be signed by the magistrate by whom it is issued; or
(b) bear a facsimile signature of the magistrate stamped thereon by an officer of a magistrate's court who is authorized in writing for that purpose by a magistrate. (Added, 91 of 1970, s. 2. Amended, 18 of 1981, s. 2)
(2) Every such summons-
(a) shall be served by a police officer, usher or other officer of a magistrate's court on the person to whom it is so directed—
(i) by delivering such summons to him personally; or
(ii) by leaving it with some person for him at his last or most usual place of abode; or
(b) alternatively, in respect of a person who is accused of an offence against any of the provisions of the enactments mentioned in the First Schedule, may be served by sending it by hand or by post to his residential or business address,
and the police officer or other officer who serves, or effects service of, such summons shall, save as provided in subsection (3), attend before a magistrate at the time and place mentioned in the summons to depose, if necessary, to its service: (Amended, 91 of 1970, s. 2 and 36 of 1976, s. 2)