JUSTICES ACT 1902 - SECT 60 Issue of summons

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 60

60 Issue of summons

(1) Whenever an information or complaint is laid or made before a Justice, against any person as hereinbefore provided:

(a) where the information or complaint is not substantiated as provided by section 56, the Justice before whom the information or complaint was laid or made, or

(b) where the information or complaint is so substantiated, the Justice before whom it was so substantiated,

may issue his or her summons for the appearance of such person:

Provided that nothing herein contained shall oblige a Justice to issue his or her summons in any case where a complaint is by law to be made ex parte.

(2) Where the Justice before whom an information or complaint is laid or made considers that the matter of the information or complaint would be better resolved by mediation than by proceedings under this Act, the Justice may, with the consent of the informant or complainant, instead of issuing a summons under subsection (1), order the informant or complainant to submit the matter of the information or complaint to mediation under the Community Justice Centres Act 1983 .

(3) Where an order is made under subsection (2) in relation to the matter of an information or complaint but:

(a) the matter of the information or complaint may not, by the operation of section 22 (1) of the Community Justice Centres Act 1983 , be the subject of a mediation session under that Act,

(b) the defendant refuses to attend at, or participate in, a mediation session under that Act or either party withdraws from such a session,

(c) the Director of a Community Justice Centre declines under section 24 (1) of that Act to consent to the acceptance of the matter of the information or complaint for mediation, or

(d) a mediation session attended by the informant or complainant and the defendant is terminated under section 24 (2) of that Act,

a Justice may issue a summons for the appearance of the defendant.