Section 15Part 3 — General Provisions Relating to Criminal Investigations and Proceedings
Issue of summons or warrant
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15. (1) Upon receiving a complaint and the charge having been duly signed in accordance with section 14, a Justice of the Peace may, in that person’s discretion, issue either a summons or a warrant to compel the attendance of the accused person before a Summary Court: Provided that a warrant shall not be issued in the first instance unless the complaint has been supported by an oath, either by the complainant or by a witness.
A Justice of the Peace shall not refuse to issue a summons under this section unless that Justice of the Peace is of the opinion that the application for a summons is frivolous, vexatious or an abuse of the process of the court and if, in the Justice of the Peace’s discretion, the Justice of the Peace refuses to issue a summons the person applying for the same may require the Justice of the Peace to give that person a written certificate of refusal and may apply to the Grand Court for an order directing such Justice of the Peace to issue the summons sought or such other summons as the Grand Court may direct.
No warrant or summons shall be held to be invalid by reason only that the Justice of the Peace who issued the same has died or ceased to hold office.