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SENTENCING ACT 1991 - SECT 83AI Issue of summons or warrant to arrest

SENTENCING ACT 1991 - SECT 83AI

Issue of summons or warrant to arrest



S. 83AI(1) amended by No. 32/2013 ss 17(1), 49(2).

    (1)     A summons issued for the purposes of a proceeding commenced under section 83AG for an offence under section 83AC, 83AD, 83ADA or  83ADB must direct the offender to attend to answer to the charge—

        (a)     at the proper venue of the Magistrates' Court, if the order that is the subject of the offence was made by the Magistrates' Court; or

        (b)     at the Supreme Court or the County Court, if the order that is the subject of the offence was made by either court.

S. 83AI(2) amended by No. 32/2013 ss 17(2), 49(2).

    (2)     A warrant to arrest issued for the purposes of a proceeding commenced under section 83AG for an offence under section 83AC, 83AD, 83ADA or  83ADB must—

        (a)     be issued in accordance with Part 4 of the Magistrates' Court Act 1989 ; and

        (b)     authorise the person to whom it is directed to bring the offender when arrested before a bail justice or the sentencing court to be dealt with according to law.

S. 83AJ inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62.