Singapore legislation
Clause 153
Clause 153
Issue of summons or warrant
(1)
A Magistrate must issue a summons for the attendance of an accused if —
he 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;
he 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;
he 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.
(2)
In determining whether there is sufficient reason to proceed under subsection (1)(a), the Magistrate shall 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 (Cap. 49A) 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 such failure or refusal.
(3)
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, he may do so or, if he thinks fit, issue a summons causing the accused to be brought or to appear at a certain time before a Magistrate’s Court.
(4)
If the accused fails or refuses to attend any mediation session without providing reasonable grounds for such failure or refusal, the Magistrate may take such failure or refusal into consideration when issuing any further order or direction as the Magistrate deems fit, or when sentencing the accused.
(5)
This section does not affect section 120.