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Article 2(5)
Designated country | Point at which proceedings are instituted |
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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 |
Bahrain | when 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 |
Bermuda | when 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 |
Gibraltar | when a person is charged with an offence, whether by the laying of an information or otherwise |
Guernsey | when 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 |
Malaysia | when 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 Arabia | when an information has been laid before a judicial authority |
Spain | when by virtue of a judicial resolution it is decided to proceed against a person for an offence |
Sweden | when 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 |
Switzerland | when proceedings for an offence are brought before an examining magistrate |
United Mexican States | when criminal proceedings are instituted by a judicial authority |
United States of America | when an indictment, information or complaint has been filed against a person in respect of an offence |