MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 35



35.(1) Upon a complaint being made to a justice of the peace for any county
[court division] that a person has, or is suspected of having, committed a
summary offence in respect of which a magistrates' court for that county
[court division] has jurisdiction to hear a charge the justice may issue a
summons directed to that person requiring him to appear before such court to
answer to the complaint.

[(1A) Where a justice of the peace for any county court division issues a
summons under subsection (1) directed to a person requiring him to appear
before a magistrates' court for that county court division, the justice may,
upon a complaint being made to him that the person in respect of whom the
summons has been issued has, or is suspected of having, committed in another
county court division a summary offence, issue a summons directed to that
person requiring him to appear before that court to answer to the complaint.]

(2) Upon a complaint being made to a justice of the peace for any county
[court division] that a person has, or is suspected of having, committed an
indictable offence into which a magistrates' court for that county [court
division] has jurisdiction to conduct a preliminary investigation, the justice
may either issue a summons requiring him to appear before such magistrates'
court or issue a warrant to arrest that person and bring him before such
court.

(3) Where the offence charged in the complaint is an indictable offence, a
warrant under this section may be issued by a justice of the peace at any time
notwithstanding that a summons has previously been issued and whether before
or after the time mentioned in such summons for the appearance of the person
summoned.

(4) Where a resident magistrate is satisfied that a person suspected of having
committed a summary offence cannot for any reason be served with a summons, he
may issue a warrant for the arrest of that person notwithstanding that a
summons has not been first issued.

(5) A warrant may be issued in respect of an offence to which section 31(1)(b)
applies, notwithstanding that the offence was committed outside Northern
Ireland if an indictment for the offence may legally be preferred in Northern
Ireland.

(6) A warrant shall not be issued under this section unless the complaint is
in writing and substantiated on oath.

Issue of summons to accused or warrant for his arrest.

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 35