DISTRICT COURT RULES 1973 - SECT 53.26 Commencement of proceedings

DISTRICT COURT RULES 1973 - SECT 53.26

53.26 Commencement of proceedings

(1) Proceedings under section 246 must be commenced in the Court by an application in the approved form for the issue of a summons or for the issue of a warrant for apprehension.

(2) The summons or warrant for apprehension must be in the approved form and must be lodged with the application.

(3) A statement of facts in respect of the offence signed by the prosecutor applying for an order under section 246 is to be lodged with the application.

(4) Where a prosecutor is seeking an order for the apprehension of a person, the application is to be accompanied by an affidavit setting out both the statement of facts and the reasons why a warrant is sought.