Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 28

Compelling attendance

28. Compelling attendance



(1) On the filing of a charge under section 26 an application may be made to
the registrar at the venue of the Court at which the charge is filed for the
issue of 2-

   (a)  a summons to answer to the charge; or

   (b)  a warrant to arrest-

in order to compel the attendance of the defendant.

(2) An application under subsection (1)(b) must be made by the informant but
an application under subsection (1)(a) may be made by the informant or a
person on behalf of the informant.

(3) An application under subsection (1) may be made by the applicant in person
or by post3.



(4) On an application under subsection (1), the registrar must, if satisfied
that the charge discloses an offence known to law, issue-

   (a)  a summons to answer to the charge; or

   (b)  subject to subsection (5), a warrant to arrest.

(5) A registrar must not issue in the first instance a warrant to arrest
unless satisfied by evidence on oath or by affidavit that-

   (a)  it is probable that the defendant will not answer a summons; or

   (b)  the defendant has absconded, is likely to abscond or is avoiding
        service of a summons that has been issued; or

   (c)  a warrant is required or authorised by any other Act or for other good
        cause.