sec.388Notice to appear equivalent to a complaint and summons

### sec.388 Notice to appear equivalent to a complaint and summons A statement in a notice to appear of the substance of an offence alleged to have been committed is taken to be a complaint under the Justices Act 1886 . Also, a requirement in a notice to appear that a person appear before a court in relation to the offence at a stated time and place— is taken to be a summons issued by a justice under the Justices Act 1886 ; but is not a requirement to which section 791 applies. If a prescribed police officer issues and serves a notice to appear on a person under section 394 (2) (b) , the police officer who arrested the person, and not the prescribed police officer, is taken to have started the proceeding against the person. Also, if a police officer issues and serves a notice to appear at the request of another police officer, the police officer who made the request is taken to have started the proceeding against the person on whom the notice to appear is served even though that police officer did not serve the notice to appear on the person. Subject to this part, the Justices Act 1886 and any other Act applies to a notice to appear in the same way as it applies to a complaint and summons. In this section— prescribed police officer means a prescribed police officer under the Bail Act 1980 , section 7 . s 388 (prev s 182) amd 2000 No. 22 s 3 sch renum 2000 No. 22 s 11 amd 2002 No. 23 s 67 ; 2002 No. 39 s 174 ; 2003 No. 19 s 3 sch ; 2006 No. 26 s 44 ; 2007 No. 27 s 12 (sec.388-ssec.1) A statement in a notice to appear of the substance of an offence alleged to have been committed is taken to be a complaint under the Justices Act 1886 . (sec.388-ssec.2) Also, a requirement in a notice to appear that a person appear before a court in relation to the offence at a stated time and place— is taken to be a summons issued by a justice under the Justices Act 1886 ; but is not a requirement to which section 791 applies. (sec.388-ssec.3) If a prescribed police officer issues and serves a notice to appear on a person under section 394 (2) (b) , the police officer who arrested the person, and not the prescribed police officer, is taken to have started the proceeding against the person. (sec.388-ssec.4) Also, if a police officer issues and serves a notice to appear at the request of another police officer, the police officer who made the request is taken to have started the proceeding against the person on whom the notice to appear is served even though that police officer did not serve the notice to appear on the person. (sec.388-ssec.5) Subject to this part, the Justices Act 1886 and any other Act applies to a notice to appear in the same way as it applies to a complaint and summons. (sec.388-ssec.6) In this section— prescribed police officer means a prescribed police officer under the Bail Act 1980 , section 7 . - (a) is taken to be a summons issued by a justice under the Justices Act 1886 ; but - (b) is not a requirement to which section 791 applies.