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In force2020 Revised Edition

Part 8 · Initiation of Criminal Proceedings and Complaint to Magistrate

151. Examination of complaint

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(1)

Any person may make a complaint to a Magistrate.

(2)

On receiving a complaint by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body, the Magistrate —

(a)

must immediately examine the complainant on oath and the substance of the examination must be reduced to writing and must be signed by the complainant and by the Magistrate; and

(b)

may, after examining the complainant —

(i)

for the purpose of inquiring into the case himself or herself, issue a summons to compel the attendance before him or her of any person who may be able to help him or her determine whether there is sufficient ground for proceeding with the complaint;

(ii)

direct any police officer to make inquiries for the purpose of ascertaining the truth or falsehood of the complaint and report to the Magistrate the result of those inquiries;

(iii)

proceed in accordance with section 15 of the Community Mediation Centres Act 1997; or

(iv)

postpone consideration of the matter to enable the complainant and the person complained against to try to resolve the complaint amicably.

Report

Part 9

Pre-Trial Procedures in the State Courts

Part 10

Pre-Trial Procedures in General Division of High Court

Part 10A

Prosecution’S Obligation to Serve Certain Materials on Defence

Part 11

General Provisions Relating to Pre-Trial and Plead Guilty Procedures in All Courts

Part 12

Procedure at Trial in All Courts

Part 13

General Provisions Relating to Proceedings in Courts

Part 14

Evidence and Witnesses

Part 15

Judgment

Part 16

Sentences

Part 17

Community Sentences

Part 18

Compensation and Costs

Part 19

Disposal of Property

Part 20

Appeals, Points Reserved, Revisions and Criminal Motions

Part 21

Special Proceedings

Part 22

Miscellaneous

Schedules