Section 42: Where defendant appears on notice
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
42. Where defendant appears on notice
(1) Nothing in this Act shall render the service of a summons necessary
in any case of contravention where the party charged appears voluntarily
before the Magistrate to answer the charge on notice given to him by the
officer or other person prosecuting.
D13 – 11 [Issue 4]
District and Intermediate Courts (Criminal Jurisdiction) Act
(2) On the voluntary appearance of the party charged, the Magistrate
may proceed to hear the case in the same manner as if the party had been
previously served with a summons.
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Questions this section answers
- If I show up voluntarily to answer a minor charge, does the Magistrate still need to have a summons served on me first?