sec.102BService of summons and particulars on private complaint

### sec.102B Service of summons and particulars on private complaint Proceedings shall not be had upon a private complaint unless the summons issued thereon has been served on the defendant at least 14 days before the date on which it is sought to have the proceedings. When the matter of a private complaint is first before justices on a date when proceedings thereon may be had in accordance with law, the defendant may apply to the justices for an order that the complainant shall furnish to the defendant in writing particulars of the charge in the complaint whereupon, without prejudice to their exercising the power conferred by section 102G , the justices may make such an order and, if the case require it, shall adjourn the matter of the complaint for a period of 14 days at the least. If the complainant or the complainant’s representative is not present when such order is made, an advice thereof signed by the clerk of the court at the place where the order is made shall be sent by post to the complainant at the complainant’s address last known to the clerk. If, forthwith upon the making of an order under subsection (2) or within 14 days of the day on which the order is made or within such further time as may be allowed by justices in a particular case, the complainant does not furnish in writing to the defendant particulars that in the justices’ opinion are sufficient, the justices shall order that the private complaint be struck out and may award to the defendant such costs as to them seem just. Such costs awarded shall constitute a debt due and owing by the complainant to the defendant and may be recovered by the defendant by action in a court of competent jurisdiction. Where a private complaint has been struck out pursuant to subsection (3) , no further proceedings shall be had upon a private complaint charging the same offence. s 102B prev s 102B ins 1979 No. 2 s 12 om 1979 No. 43 s 2 pres s 102B ins 1979 No. 43 s 3 (sec.102B-ssec.1) Proceedings shall not be had upon a private complaint unless the summons issued thereon has been served on the defendant at least 14 days before the date on which it is sought to have the proceedings. (sec.102B-ssec.2) When the matter of a private complaint is first before justices on a date when proceedings thereon may be had in accordance with law, the defendant may apply to the justices for an order that the complainant shall furnish to the defendant in writing particulars of the charge in the complaint whereupon, without prejudice to their exercising the power conferred by section 102G , the justices may make such an order and, if the case require it, shall adjourn the matter of the complaint for a period of 14 days at the least. (sec.102B-ssec.2A) If the complainant or the complainant’s representative is not present when such order is made, an advice thereof signed by the clerk of the court at the place where the order is made shall be sent by post to the complainant at the complainant’s address last known to the clerk. (sec.102B-ssec.3) If, forthwith upon the making of an order under subsection (2) or within 14 days of the day on which the order is made or within such further time as may be allowed by justices in a particular case, the complainant does not furnish in writing to the defendant particulars that in the justices’ opinion are sufficient, the justices shall order that the private complaint be struck out and may award to the defendant such costs as to them seem just. (sec.102B-ssec.3A) Such costs awarded shall constitute a debt due and owing by the complainant to the defendant and may be recovered by the defendant by action in a court of competent jurisdiction. (sec.102B-ssec.4) Where a private complaint has been struck out pursuant to subsection (3) , no further proceedings shall be had upon a private complaint charging the same offence.