Commonwealth Numbered Regulations Commonwealth Numbered RegulationsAccused who is not in custody
(1) If it is necessary to bring before the Court an accused who is not in custody, the Court may:
(a) issue a summons, in accordance with rule 9.04, requiring the accused to appear before the Court; or
(b) issue a warrant for the arrest of the accused.
Note: For the form of the warrant, see rule 9.06.
(2) Without limiting subrule (1), the Court may issue a warrant for the arrest of the accused if the accused does not appear before the Court on any day the accused is required to appear.
Note: Under rule 1.08 the power to issue a summons or a warrant may be exercised on the Court's own initiative, or on application by a party to the proceedings.
Accused who is in custody
(3) If the accused is in custody, the Court may order that the accused be brought before the Court.
Note: For the form of the order, see rule 9.05.
(4) If the Court makes an order under subrule (3), the Court may make an order regarding the continuing custody of the accused pending the determination of the proceedings.