Enforcement of Attendance

AuthorGeorge Belnavis
ProfessionAttorney-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
54 / Criminal Practice and Procedure
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
Enforcement of Attendance

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT