173Commencement of criminal proceeding for offence against section 169

173 Commencement of criminal proceeding for offence against section 169 (1) A criminal proceeding for an offence against section 169 may be commenced by the Secretary or a police officer. (2) Subject to subsection (3), a criminal proceeding for an offence against section 169 is to be heard and determined by the Supreme Court or the County Court, being the court that made the supervision order or interim supervision order that is the subject of the charge. S. 173(3) amended by No. 28/2025 s. 9. (3) A criminal proceeding for an offence against section 169 in relation to an interim supervision order made by the Court of Appeal under section 122 is to be heard in the court to which the matter has been remitted under section 121(1)(l). (4) A summons to answer to a charge against section 169 issued under section 12 of the **Criminal Procedure Act 2009** must direct that the accused attend before the Supreme Court or the County Court (as the case requires) to answer to the charge. (5) Despite section 64(2)(a) of the **Magistrates' Court Act 1989**, a warrant to arrest an accused charged with an offence against section 169 authorises the person to whom it is directed to bring the accused before a bail justice or the Supreme Court or the County Court (as the case requires) within a reasonable time after being arrested to be dealt with according to law. (6) The Magistrates' Court, by order, is to transfer a criminal proceeding for an offence against section 169 to the Supreme Court or the County Court (as the case requires). (7) For the purposes of subsection (6), the Magistrates' Court may be constituted by a proper officer of the court prescribed by rules of the court. S. 173A inserted by No. 28/2025 s. 10.