Criminal Procedure Code 2010 · 2020 Revised Edition · Part 8 · Initiation of Criminal Proceedings and Complaint to Magistrate
153. Issue of summons or warrant
Feedback & supportA Magistrate must issue a summons for the attendance of an accused if —
the Magistrate finds sufficient reason to proceed with a complaint made 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 finds sufficient reason to proceed with a complaint made by a police officer, an officer from a law enforcement agency or a person acting with the authority of a public body, and the complaint is written and signed by that officer or person;
the Magistrate knows or suspects that an offence has been committed; or
the accused is brought before the court in custody without process and is accused of having committed an offence which the court has jurisdiction to inquire into or try,and the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a summons.
In determining whether there is sufficient reason to proceed under subsection (1)(a), the Magistrate must take into account whether the accused has failed or refused to attend any mediation session when the Magistrate has proceeded in accordance with section 15 of the Community Mediation Centres Act 1997 or when a police officer has referred the case to a mediator for mediation under section 16(1)(c), and if so, whether the accused had any reasonable grounds for the failure or refusal.
police officer
“police officer” has the meaning given by the Police Force Act 2004;
If the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a warrant, the Magistrate may do so or, if he or she thinks fit, issue a summons causing the accused to be brought or to appear at a certain time before a Magistrate’s Court.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
If the accused fails or refuses to attend any mediation session without providing reasonable grounds for such failure or refusal, the Magistrate may take the failure or refusal into consideration when issuing any further order or direction as the Magistrate deems fit, or when sentencing the accused.
This section does not affect section 120.