Methods of getting to Court
An accused may come before a Magistrates court either:
* Following arrest and remand in custody;
* Following arrest and bailed by police to appear. A police officer may grant if satisfied the person can not be taken promptly before a court (s 394 Police Powers and Responsibilities Act) and must do so if not practicable to bring person before a court within 24 hours (s 7 Bail Act) May attach conditions to bail.
* By way of complaint and summons (ss 53-56A Justices Act 1886). A complaint is sworn before a Justice and then a summons issued by Justice requiring the accused to appear on a particular date and time in Court. It is lodged in Court and served on the accused. Failing to appear may result in (s 142 Justices Act) the matter being dealt with ex parte or a warrant of apprehension. This method of proceeding is often used by the Department of Corrective Services to allege breaches of orders such as probation or community service; or
* By way of notice to appear issued by police (s 382 Police Powers and Responsibilities Act 2000). See the requirements for this notice in s 384. Failing to appear may result in the matter being dealt with exparte or a warrant for the persons arrest.
* Following arrest and remand in custody;
* Following arrest and bailed by police to appear. A police officer may grant if satisfied the person can not be taken promptly before a court (s 394 Police Powers and Responsibilities Act) and must do so if not practicable to bring person before a court within 24 hours (s 7 Bail Act) May attach conditions to bail.
* By way of complaint and summons (ss 53-56A Justices Act 1886). A complaint is sworn before a Justice and then a summons issued by Justice requiring the accused to appear on a particular date and time in Court. It is lodged in Court and served on the accused. Failing to appear may result in (s 142 Justices Act) the matter being dealt with ex parte or a warrant of apprehension. This method of proceeding is often used by the Department of Corrective Services to allege breaches of orders such as probation or community service; or
* By way of notice to appear issued by police (s 382 Police Powers and Responsibilities Act 2000). See the requirements for this notice in s 384. Failing to appear may result in the matter being dealt with exparte or a warrant for the persons arrest.