[Rev. 2012]
Criminal Procedure Code
CAP. 75
(2) The magistrate trying a case may, at any subsequent stage of the
proceedings, direct the personal attendance of the accused, and, if necessary,
enforce his attendance in the manner hereinafter provided, but no such warrant
shall be issued unless a complaint or charge has been made upon oath.
(3) If a magistrate imposes a fine on an accused person whose personal
attendance has been dispensed with under this section, and the fine is not paid
within the time prescribed for payment, the magistrate may forthwith issue a
summons calling upon the accused person to show cause why he should not be
committed to prison for such term as the magistrate may then specify; and if the
accused person does not attend upon the return of the summons the magistrate
may forthwith issue a warrant and commit the person to prison for such term as
the magistrate may then fix.
(4) If, in any case in which under this section the attendance of an accused
person is dispensed with, previous convictions are alleged against that person and
are not admitted in writing or through that person’s advocate, the magistrate may
adjourn the proceedings and direct the personal attendance of the accused, and,
if necessary, enforce his attendance in the manner provided hereafter in this Part.
(5) Whenever the attendance of an accused person has been so dispensed
with and his attendance is subsequently required, the cost of any adjournment for
that purpose shall be borne in any event by the accused.
[Act No. 13 of 1982, First Sch.]
Warrant of Arrest
100. Warrant after issue of summons
Notwithstanding the issue of a summons, a warrant may be issued at any
time before or after the time appointed in the summons for the appearance of the
accused.
101. Warrant on disobedience of summons
If the accused does not appear at the time and place appointed in and by the
summons, and his personal attendance has not been dispensed with under section
99, the court may issue a warrant to apprehend him and cause him to be brought
before it; but no warrant shall be issued unless a complaint has been made upon
oath.
102. Form, contents and duration of warrant
(1) Every warrant of arrest shall be under the hand of the judge or magistrate
issuing it and shall bear the seal of the court.
(2) Every warrant shall state shortly the offence with which the person against
whom it is issued is charged, and shall name or otherwise describe that person, and
shall order the person or persons to whom it is directed to apprehend the person
against whom it is issued and bring him before the court issuing the warrant, or
before some other court having jurisdiction in the case, to answer to the charge
therein mentioned and to be further dealt with according to law.
(3) A warrant shall remain in force until it is executed or until it is cancelled by
the court which issued it.
C44 - 41
[Issue 1]
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