Enforcement of Attendance

• Author: George Belnavis
• Profession: Attorney-at-law of over 30 years practice at both the Public and Private Bar and is currently Senior Tutor II at the Norman Manley Law School, Kingston, where he has taught for nearly 20 years
• Pages: 54-66

54 / Criminal Practice and Procedure

Summonses

Defendants/Accused

One of the most important aspects of a criminal case is to enforce the

attendance of the person charged, or against whom a complaint has been

made. This can be done by summons or by arrest with or without a warrant.

A summons is a document issued from the office of a court of justice

calling upon the person to whom it is directed to attend before a judge or

officer of the court to answer an information laid, or a complaint or a

complaint made against him. The Magistrate may issue a summons, which

must be in writing and signed by him.1 It must also state the substance of

the offence alleged and require the person against whom the information is

laid or the complaint made to appear before the court at a certain time and

place. After issue, the summons has to be served on the offender. Service is

by the police or other public officer and must be effected personally on the

offender. A summons is normally used unless the offence is serious.

When an offender disobeys a summons and fails to appear before the court,

the court may issue a warrant for his arrest.2 A warrant of arrest is an

authority in writing issued by the court or a justice of the peace or any

other officer to arrest an offender. A warrant of arrest is used on an information

which must be in writing, signed by the Judge or Magistrate issuing it,

bear the date of issue, state concisely the offence for which it is issued,

name or otherwise, describe the offender and order the person or persons

to whom it is addressed to arrest the offender and bring him before the

Court.3

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Enforcement of Attendance

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