Article 2(5)

SCHEDULE 1INSTITUTION OF PROCEEDINGS

Designated countryPoint at which proceedings are instituted
Anguilla

(a)when a summons or warrant is issued in respect of an offence;

(b)when a person is charged with an offence after being taken into custody without a warrant;

(c)when a bill of indictment is preferred

Australia

(a)when an information has been laid before a justice of the peace;

(b)when a person is charged with an offence after having been taken into custody without a warrant;

(c)when a bill of indictment is preferred

the Bahamas

(a)when an information has been laid before a justice of the peace;

(b)when a person is charged with an offence after having been taken into custody without a warrant;

(c)when a bill of indictment is preferred

Bahrainwhen a bill of indictment is lodged in court against any person for an offence
Barbados

(a)when an information has been laid before a magistrate;

(b)when a person is charged with an offence;

(c)when a bill of indictment is preferred

Bermudawhen an information is laid charging a person with an offence
the Cayman Islands

(a)when a charge has been signed under subsection (3) or (4) of section 13 of the Criminal Procedure Code in respect of the offence; or

(b)when a person is charged with the offence after being arrested without a warrant under subsection (5) of that section

Gibraltarwhen a person is charged with an offence, whether by the laying of an information or otherwise
Guernseywhen a person is charged with an offence
Hong Kong

(a)when a magistrate issues a warrant or summons;

(b)when a person is charged with an offence;

(c)when an indictment is preferred

Isle of Man

(a)where a justice of the peace issues a summons under section 4 of the Summary Jurisdiction Act 1989, when the complaint in relation to the offence is made to him;

(b)where a justice of the peace issues a warrant for the arrest of any person under that section, when the complaint in relation to the offence is made to him;

(c)where a person is charged with the offence after being taken into custody without a warrant, when he is taken into custody;

(d)where an information is preferred by the Attorney General in a case where there have been no comittal proceedings, when the information is lodged in the General Registry in accordance with section 4(1) of the Criminal Code Amendment Act 1917

Italy

(a)when a person is notified, in accordance with article 369 of the Italian Code of Criminal Procedure, that a prosecution against him is in progress;

(b)when a proposal for the application of a preventative measure (“misura di prevenzione”) is laid before a court

Jersey

(a)when the Bailiff issues a warrant in respect of an offence for the arrest of a person who is out of the island;

(b)when a person is arrested and charged with an offence;

(c)when a summons in respect of an offence is served on a person at the instance of the Attorney General;

(d)when a summons in respect of the offence is served on a person in accordance with the provisions of Article 8 of the Police Court (Miscellaneous Provisions) (Jersey) Law, 1949

Malaysiawhen a person is charged with an offence
Montserrat

(a)when a judge issues a summons or warrant in respect of an offence;

(b)when a person is charged with an offence after being taken into custody without a warrant

Saudi Arabiawhen an information has been laid before a judicial authority
Spainwhen by virtue of a judicial resolution it is decided to proceed against a person for an offence
Swedenwhen a public prosecutor has established that there are reasonable grounds to suspect that a person has committed an offence and accordingly is obliged under the Code of Judicial Procedure to notify the person of the suspicion
Switzerlandwhen proceedings for an offence are brought before an examining magistrate
United Mexican Stateswhen criminal proceedings are instituted by a judicial authority
United States of Americawhen an indictment, information or complaint has been filed against a person in respect of an offence