South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 104

104—Securing attendance in Magistrates Court

If an information charging an indictable offence has been filed in the Magistrates Court—

            (a)         if the defendant is in custody—the Court may remand the defendant in custody or on bail to appear before the Court at a nominated time and place in relation to the charge; or

            (b)         if the defendant is not in custody—

                  (i)         the Court may, if the charge has been substantiated on oath, issue a warrant to have the defendant arrested and brought before the Court and then, on the appearance of the defendant, remand the defendant in custody or on bail to appear at a nominated time and place in relation to the charge; or

                  (ii)         the Court may appoint a time and place for the defendant to appear before the Court in relation to the charge and issue a summons requiring the defendant to appear at the time and place so appointed.



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