sec.5Complaint in respect of breach of the peace

sec.5 Complaint in respect of breach of the peace

A person (the complainant ) may make a complaint to a justice of the peace that a person has threatened— to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or to procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or to destroy or damage any property of the complainant; or to procure any other person to destroy or damage any property of the complainant; and that the complainant is in fear of the person complained against (the defendant ). A person (also the complainant ) may make a complaint to a justice of the peace that the intentional conduct of a person (also the defendant ) directed at the complainant has caused the complainant to fear that the defendant will destroy or damage any property of the complainant. If the matter of a complaint under subsection (1) or (2) is substantiated to the justice’s satisfaction, and the justice considers it is reasonable in the circumstances for the complainant to have the fear mentioned in the subsection, the justice may issue— a summons directed to the defendant requiring the defendant to appear at a stated time and place before a court; or a warrant to apprehend the defendant and to cause the defendant to be brought before a court; to answer the complaint and to be further dealt with according to law. If the justice before whom the complaint mentioned in subsection (1) or (2) is made considers that the matter would be better resolved by mediation than by proceedings before a court, the justice may, with the complainant’s consent, order the complainant to submit the matter to mediation under the Dispute Resolution Centres Act 1990 . In this section— complaint means a written complaint made on oath. s 5 (prev s 4) amd 1997 No. 9 s 48 ; 2004 No. 43 s 66 ; 2016 No. 62 s 259 renum 2016 No. 62 s 266 (sec.5-ssec.1) A person (the complainant ) may make a complaint to a justice of the peace that a person has threatened— to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or to procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or to destroy or damage any property of the complainant; or to procure any other person to destroy or damage any property of the complainant; and that the complainant is in fear of the person complained against (the defendant ). (sec.5-ssec.2) A person (also the complainant ) may make a complaint to a justice of the peace that the intentional conduct of a person (also the defendant ) directed at the complainant has caused the complainant to fear that the defendant will destroy or damage any property of the complainant. (sec.5-ssec.2A) If the matter of a complaint under subsection (1) or (2) is substantiated to the justice’s satisfaction, and the justice considers it is reasonable in the circumstances for the complainant to have the fear mentioned in the subsection, the justice may issue— a summons directed to the defendant requiring the defendant to appear at a stated time and place before a court; or a warrant to apprehend the defendant and to cause the defendant to be brought before a court; to answer the complaint and to be further dealt with according to law. (sec.5-ssec.3) If the justice before whom the complaint mentioned in subsection (1) or (2) is made considers that the matter would be better resolved by mediation than by proceedings before a court, the justice may, with the complainant’s consent, order the complainant to submit the matter to mediation under the Dispute Resolution Centres Act 1990 . (sec.5-ssec.4) In this section— complaint means a written complaint made on oath.