42Issue of warrant and summons

42 Issue of warrant and summons (a) an information is laid before a magistrate under division 3.3.2 against a person for an offence; and (b) the information is substantiated by the oath of the informant or a witness; and Warrants Division 3.3.4 (c) the person is not in custody. (2) The magistrate may issue a warrant for the person’s arrest, and for bringing the person before the court to answer to the information and to be further dealt with according to law. (3) However, the magistrate may issue a summons instead of the warrant if the magistrate considers it appropriate. (4) The issue of the summons does not prevent a magistrate from issuing a warrant at any time before or after the time mentioned in the summons for the person’s appearance. (5) However, subsection (4) does not authorise the issue of a warrant to bring the person before the court to answer to the information if a summons has been served on the person for the offence in accordance with section 116B (Service of summons for prescribed offence).