sec.103ADefendant’s appearance upon private complaint

### sec.103A Defendant’s appearance upon private complaint Where a person is charged upon a private complaint with an indictable offence and the charge is one that can not be dealt with summarily or that can be dealt with summarily without the defendant’s consent, and a summons has been issued against the defendant— the defendant is not required to appear in person in answer to the summons until the justices or any of them before whom the matter of the complaint is heard are or is satisfied that the evidence is sufficient to put the defendant upon trial for an indictable offence; and the defendant is entitled to appear at the hearing of the matter of complaint by the defendant’s lawyer until the defendant is required pursuant to this section to appear in person. If the justices before whom a matter of complaint referred to in subsection (1) is heard or any of them are or is satisfied that the evidence is sufficient to put the defendant upon trial for an indictable offence such justices or justice may order that the defendant appear in person at the further hearing of the matter of complaint at a time and place specified in the order and may if necessary adjourn the hearing to such time and place. Notice of the making of an order for the personal appearance of the defendant shall be sufficiently given to the defendant if— the order is made in the presence of the defendant’s lawyer; or a copy of the order is served on the defendant in the same manner as is provided for the service of a summons. Any person who serves a copy of an order made under subsection (2) may attend before any justice having jurisdiction in the State or part of the Commonwealth in which such copy order is served and depose on oath and in writing endorsed on a copy of the order to the service thereof. Such deposition shall upon production to a justice be sufficient proof of service of the copy of the order on the defendant. If at the time and place specified in an order made pursuant to subsection (2) the defendant so required to appear in person fails to so appear the justices then present, upon being satisfied that notice of the making of the order has been sufficiently given to the defendant, shall issue their warrant to apprehend the defendant and to cause the defendant to be brought before justices to be dealt with according to law. s 103A ins 1977 No. 33 s 3 amd 1979 No. 2 s 13 ; 1992 No. 40 s 66 ; 2004 No. 11 s 596 sch 1 ; 2010 No. 42 s 120 sch (sec.103A-ssec.1) Where a person is charged upon a private complaint with an indictable offence and the charge is one that can not be dealt with summarily or that can be dealt with summarily without the defendant’s consent, and a summons has been issued against the defendant— the defendant is not required to appear in person in answer to the summons until the justices or any of them before whom the matter of the complaint is heard are or is satisfied that the evidence is sufficient to put the defendant upon trial for an indictable offence; and the defendant is entitled to appear at the hearing of the matter of complaint by the defendant’s lawyer until the defendant is required pursuant to this section to appear in person. (sec.103A-ssec.2) If the justices before whom a matter of complaint referred to in subsection (1) is heard or any of them are or is satisfied that the evidence is sufficient to put the defendant upon trial for an indictable offence such justices or justice may order that the defendant appear in person at the further hearing of the matter of complaint at a time and place specified in the order and may if necessary adjourn the hearing to such time and place. (sec.103A-ssec.2A) Notice of the making of an order for the personal appearance of the defendant shall be sufficiently given to the defendant if— the order is made in the presence of the defendant’s lawyer; or a copy of the order is served on the defendant in the same manner as is provided for the service of a summons. (sec.103A-ssec.2B) Any person who serves a copy of an order made under subsection (2) may attend before any justice having jurisdiction in the State or part of the Commonwealth in which such copy order is served and depose on oath and in writing endorsed on a copy of the order to the service thereof. (sec.103A-ssec.2C) Such deposition shall upon production to a justice be sufficient proof of service of the copy of the order on the defendant. (sec.103A-ssec.3) If at the time and place specified in an order made pursuant to subsection (2) the defendant so required to appear in person fails to so appear the justices then present, upon being satisfied that notice of the making of the order has been sufficiently given to the defendant, shall issue their warrant to apprehend the defendant and to cause the defendant to be brought before justices to be dealt with according to law. - (a) the defendant is not required to appear in person in answer to the summons until the justices or any of them before whom the matter of the complaint is heard are or is satisfied that the evidence is sufficient to put the defendant upon trial for an indictable offence; and - (b) the defendant is entitled to appear at the hearing of the matter of complaint by the defendant’s lawyer until the defendant is required pursuant to this section to appear in person. - (a) the order is made in the presence of the defendant’s lawyer; or - (b) a copy of the order is served on the defendant in the same manner as is provided for the service of a summons.