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In force2020 Revised Edition
Contents

Part 5 · Prevention of Offences

47. Procedure in respect of person subject to order

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(1)

If the person subject to an order under section 46 is present in court, the order must be read to him or her or, if he or she wishes, explained to him or her.

(2)

If the person subject to the order is not present in court, the court must issue a summons requiring the person to appear or, if he or she is in custody, a warrant instructing the officer in whose custody the person is to bring the person before the court.

(3)

The court may issue a warrant for a person’s arrest if the court is satisfied that, based on a police officer’s report or other information, there is reason to fear a breach of the peace and that this can be prevented only by the person’s immediate arrest.

(4)

A copy of the order under section 46 must accompany every summons or warrant issued under subsection (2) or (3).

(5)

The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.

Report

Part 6

Arrest and Bail and Processes to Compel Appearance

Part 7

The Charge

Part 7A

Deferred Prosecution Agreements

Part 8

Initiation of Criminal Proceedings and Complaint to Magistrate

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