Queensland Numbered Acts

JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 37 - SECT 95

Part 5, division 3--

omit, insert--

'(1) This section applies if--

(a) a defendant is charged with an indictable offence; and

(b) a summons is issued against the defendant; and

(c) the defendant does not appear before the justices at the time and place mentioned in the summons when called.

'(2) However, this section does not apply if--

(a) the defendant is charged on a private complaint; and

(b) the charge--

(i) can not be dealt with summarily; or

(ii) can be dealt with summarily without the defendant's consent.

'(3) If the justices--

(a) are satisfied, on oath or by deposition as provided in section 56, that the summons was properly served on the defendant a reasonable time before the time appointed for the defendant's appearance; and

(b) are satisfied, from information given on oath, that the matter of complaint is substantiated;

the justices may issue their warrant to apprehend the defendant and to bring the defendant before justices to answer the complaint and to be further dealt with according to law.'.