14
CAP. 227]
Magistrates
[1988 Ed.
Provided that nothing herein contained shall oblige a magistrate to issue a summons in any case where the defendant appears voluntarily or upon his recognizance or is in the custody of the police or charged on the charge sheet, and that it shall be lawful for a magistrate in any such event to hear and determine the case in all respects as if the defendant had appeared in answer to a summons. (Replaced, 30 of 1958, s. 3)
(3) A statutory declaration by a police officer or other officer stating that he delivered a summons to the person to whom it is directed personally shall on its production be admissible in evidence without further proof, and until the contrary is proved the magistrate before whom it is produced shall presume-
(a) that the facts stated therein are true; and
(b) that the summons was duly served in accordance with subsection (2)(a)(i). (Added, 36 of 1976, s. 2)
(4) Notwithstanding subsection (3) a magistrate may require the police officer or other officer who served a summons to attend before him and give evidence on oath as to its service. (Added, 36 of 1976, s. 2)
(5) Subject to subsection (6), at any time before the person to whom a summons is directed has appeared to answer the complaint or information, a magistrate may, where practicable upon first hearing the complainant or informant, cancel the summons by writing under his hand which shall be served in the manner provided for the service of a summons in subsection (2). (Added, 18 of 1981, s. 2)
(6) Where a summons has been cancelled under subsection (5) a magistrate may, within 2 months of the date of such cancellation, order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as he may think fit. (Added, 18 of 1981, s. 2)
[cf. U.K. 1848 c. 43, s. 1]
Notice to appear before a magistrate in respect of certain offences
8A. (1) Notwithstanding section 8, if a public officer specified in the first column of the Fourth Schedule reasonably suspects that a person has committed any offence specified opposite thereto in the second column of that Schedule, the public officer may serve on that person personally a notice requiring him to appear at a time, being not earlier than 3 clear days after the notice has been served on him and place specified in the notice before a magistrate to be dealt with according to law. (See Forms 1A, 1B)
(2) A notice under subsection (1)-
(a) shall be in the prescribed form;
(b) shall be signed by the public officer by whom it is served; and
(c) shall state-
(i) the name and address of the person upon whom the notice is served;
(ii) the offence which is alleged to have been committed with sufficient particulars thereof;
(iii) the time and place at which the offence is alleged to have been committed; and
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Page 16
14
CAP. 227]
Magistrates
[1988 Ed.
Provided that nothing herein contained shall oblige a magistrate to issue a summons in any case where the defendant appears voluntarily or upon his recognizance or is in the custody of the police or charged on the charge sheet, and that it shall be lawful for a magistrate in any such event to hear and determine the case in all respects as if the defendant had appeared in answer to a summons. (Replaced, 30 of 1958, s. 3)
(3) A statutory declaration by a police officer or other officer stating that he delivered a summons to the person to whom it is directed personally shall on its production be admissible in evidence without further proof, and until the contrary is proved the magistrate before whom it is produced shall presume-
(a) that the facts stated therein are true; and
(b) that the summons was duly served in accordance with subsec-
tion (2)(a)(i). (Added, 36 of 1976, s. 2)
(4) Notwithstanding subsection (3) a magistrate may require the police officer or other officer who served a summons to attend before him and give evidence on oath as to its service. (Added, 36 of 1976, s. 2)
(5) Subject to subsection (6), at any time before the person to whom a summons is directed has appeared to answer the complaint or information, a magistrate may, where practicable upon first hearing the complainant or informant, cancel the summons by writing under his hand which shall be served in the manner provided for the service of a summons in subsection (2). (Added, 18 of 1981, s. 2)
(6) Where a summons has been cancelled under subsection (5) a magis- trate may, within 2 months of the date of such cancellation, order that the complainant or informant shall pay to the defendant such costs, not exceeding $5,000, as he may think fit. (Added, 18 of 1981, s. 2)
[cf. U.K. 1848 c. 43, s. 1]
Notice to appear before a magistrate in respect of certain offences
8A. (1) Notwithstanding section 8, if a public officer specified in the first column of the Fourth Schedule reasonably suspects that a person has commit- ted any offence specified opposite thereto in the second column of that Schedule, the public officer may serve on that person personally a notice requiring him to appear at a time, being not earlier than 3 clear days after the notice has been served on him and place specified in the notice before a magistrate to be dealt with according to law. (See Forms 1A, IB)
(2) A notice under subsection (1)—–—–—–
(a) shall be in the prescribed form;
(b) shall be signed by the public officer by whom it is served; and
(c) shall state———
(i) the name and address of the person upon whom the notice is served;
(ii) the offence which is alleged to have been committed with sufficient particulars thereof;
(iii) the time and place at which the offence is alleged to have been committed; and
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