South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 57

57—Issue of summons by Magistrates Court

        (1)         When an information has been laid and filed in the Magistrates Court, the Magistrates Court must, subject to subsection (2), issue a summons for the appearance of the defendant.

        (2)         No summons need be issued by the Magistrates Court—

            (aa)         where the summons for the appearance of the defendant has already been issued prior to the information being laid and filed in the Magistrates Court; or

            (a)         where the relevant law under which the information is laid provides for the matter to be dealt with in the absence of the defendant; or

            (b)         where the defendant is already before the Magistrates Court; or

            (c)         where a warrant is issued to have the defendant arrested and brought before the Magistrates Court.

        (3)         If when an information is filed in the Magistrates Court the whereabouts of the defendant is unknown, the Magistrates Court may defer issuing a summons until informed of a place at which service might be effected.



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