[Section 3 Subsection (1) amended by No. 108 of 1974, s. 38 and Sched. 1 ][Section 3 Subsection (1) amended by No. 15 of 1976, s. 2 ][Section 3 Subsection (1) amended by No. 45 of 1987, s. 21 and Sched. 1 ][Section 3 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 46 of 1991, s. 5 and Sched. 3 ][Section 3 Subsection (1) amended by No. 10 of 1993, s. 4 ][Section 3 Subsection (1) amended by No. 8 of 1994, s. 4 ][Section 3 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 38 of 1995, s. 4 ]**[Section 3 Subsection (1) amended by No. 66 of 1995, s. 4 ]
breach of duty means any act or omission (not being a simple offence) upon complaint whereof justices may make an order on a person for the payment of money or for doing, or refraining from doing, any other act;
charge of an indictable offence means charge of an indictable offence as such and in order to a committal for trial therefor;
Chief Clerk of Petty Sessions means the person holding office as Chief Clerk of Petty Sessions by virtue of section 16 ;
complaint means a written allegation of an indictable or simple offence or of a breach of duty made to a justice;
court of petty sessions means a court held by 2 or more justices in petty session;
court of summary jurisdiction means –
(a) a court of petty sessions; and
(b) a court held by one justice;
decision includes a committal for trial and an admission to bail as well as a conviction, order, order of dismissal, or other determination;
defendant means a person complained against before justices for an indictable offence, simple offence, or breach of duty; and in sections 77 to 87 includes any person against whom a warrant of execution is or may be issued;
(b) in relation to a person in a place declared to be a prison under the Corrections Act 1997 that is available for use for the detention in lawful custody of persons other than prisoners or detainees under section 9(2) of theCorrections Act 1997 , a police officer;
hearing includes the examination of a person charged with an indictable offence;
indictable offence means an offence which may be prosecuted upon indictment before the Supreme Court;
interim restraint order has the same meaning as in Part XA ;
order means an order made upon a complaint of a breach of duty;
pecuniary sum means a sum of money in respect of which a warrant is issued under section 80(1) , including the prescribed costs of the warrant and of a warrant of commitment issued under section 80(2)(c) , 80(4A) or 82(1) , as the case may require;
petty session means a sitting together of 2 or more justices otherwise than in –
(a) a general session; or
(b) a special session required to be held for administrative purposes under another Act;
simple offence means any offence (indictable or not) punishable, on summary conviction before justices, by fine, imprisonment, or otherwise;
summary conviction, or conviction, means a conviction by justices for a simple offence;
telephone interim restraint order has the same meaning as in Part XA ;
the clerk of petty sessions means the person appointed or assigned as clerk of petty sessions for the district to which the context relates;
the justices means the justices exercising jurisdiction in respect of the matter to which the context relates.
(2) Where in any enactment the expressions information, information and complaint, charge, and charge of an indictable offence are used in relation to proceedings before justices, they shall be deemed to mean a complaint.