Public Prosecutor's summonsN.I.
93—(1) Where a complaint has been made by a Public Prosecutor to a lay magistrate 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 Public Prosecutor may issue a summons directed to that person requiring that person to appear before that court to answer to the complaint.
(2) Where—
(a)a Public Prosecutor issues a summons under subsection (1) directed to a person requiring that person to appear before a magistrates' court for a county court division, and
(b)a complaint has been made to a lay magistrate that the person in respect of whom the summons has been issued has, or is suspected of having, committed a summary offence in another county court division,
the Public Prosecutor may issue a summons directed to that person requiring that person to appear before that court to answer to the complaint.
(3) Where a Public Prosecutor has made a complaint to a lay magistrate 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 or a preliminary inquiry the Public Prosecutor may issue a summons requiring that person to appear before that magistrates' court.
(4) Where a Public Prosecutor is satisfied that a summons issued under subsection (1) has not been served, the Public Prosecutor may, without a complaint being made to a lay magistrate, re-issue the summons extending the time for the appearance of the person summoned.
(5) Any existing statutory provision which applies to a complaint made or summons issued under paragraph (1), (2), (3) or (4A) of Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 shall apply (with appropriate modifications) to a complaint made or summons issued by a Public Prosecutor under the corresponding subsection of this section.
(6) In this section “Public Prosecutor” has the meaning given in section 29(5) of the Justice (Northern Ireland) Act 2002.
Commencement Information
I1S. 93 in operation at 1.4.2016 by S.R. 2016/136, art. 3(b)