sec.103Disobedience of summons

### sec.103 Disobedience of summons This section applies if— a defendant is charged with an indictable offence; and a summons is issued against the defendant; and the defendant does not appear before the justices at the time and place mentioned in the summons when called. However, this section does not apply if— the defendant is charged on a private complaint; and the charge— can not be dealt with summarily; or can be dealt with summarily without the defendant’s consent. If the justices— are satisfied, on oath or by deposition as provided in section 56 , that the summons was properly served on the defendant a reasonable time before the time appointed for the defendant’s appearance; and are satisfied, from information given on oath, that the matter of complaint is substantiated; the justices may issue their warrant to apprehend the defendant and to bring the defendant before justices to answer the complaint and to be further dealt with according to law. s 103 amd 1964 No. 32 s 39 ; 1977 No. 33 s 2 ; 2003 No. 77 s 87 sub 2007 No. 37 s 95 (sec.103-ssec.1) This section applies if— a defendant is charged with an indictable offence; and a summons is issued against the defendant; and the defendant does not appear before the justices at the time and place mentioned in the summons when called. (sec.103-ssec.2) However, this section does not apply if— the defendant is charged on a private complaint; and the charge— can not be dealt with summarily; or can be dealt with summarily without the defendant’s consent. (sec.103-ssec.3) If the justices— are satisfied, on oath or by deposition as provided in section 56 , that the summons was properly served on the defendant a reasonable time before the time appointed for the defendant’s appearance; and are satisfied, from information given on oath, that the matter of complaint is substantiated; the justices may issue their warrant to apprehend the defendant and to bring the defendant before justices to answer the complaint and to be further dealt with according to law. - (a) a defendant is charged with an indictable offence; and - (b) a summons is issued against the defendant; and - (c) the defendant does not appear before the justices at the time and place mentioned in the summons when called. - (a) the defendant is charged on a private complaint; and - (b) the charge— (i) can not be dealt with summarily; or (ii) can be dealt with summarily without the defendant’s consent. - (i) can not be dealt with summarily; or - (ii) can be dealt with summarily without the defendant’s consent. - (i) can not be dealt with summarily; or - (ii) can be dealt with summarily without the defendant’s consent. - (a) are satisfied, on oath or by deposition as provided in section 56 , that the summons was properly served on the defendant a reasonable time before the time appointed for the defendant’s appearance; and - (b) are satisfied, from information given on oath, that the matter of complaint is substantiated;