JONES' MAGISTRATES' MANUAL. CRIMINAL PROCEDURE ACT. C. L. CAP. 174, R. S. C. PAGE 2002. Preliminary examination in indictable offences. NOTE.-When a person wishes to lay an information it is suggested to the justice to find the statute relating to the particular offence. Blank forms are supplied by the Clerks of the Peace. Preferring the charge. Sec. 38. If a warrant is intended to issue, an information in writing and on oath must be laid (Form A), page 242, C. L. 39. If a summons, the information must also be in writing and on oath, except whenever by some Act it is provided that it may be made by parol merely, and without any oath or affirmation to substantiate same. Process to issue against offenders. 40. A warrant (B) or summons (C) at discretion may be issued in the first instance. 41. The service of summons to be by constable, either personally or, if accused cannot conveniently be met with, then by leaving the same with some person for him at his last or most usual place of abode. 42. The constable to attend before the justice to depose if necessary to the service. See Service of Summons. 43. Warrant on disobedience of summons (D) and proof of service of summons. 32. For offences committed at sea or abroad, a justice where the offender shall be may grant a warrant (D3). 33. Where an indictment is found and the accused is at large, a justice, where offence committed, or accused shall be, upon certificate (E) (from the clerk or deputy clerk of the Crown if indictment found at High Court, or the clerk of the peace if found at the general sessions of the peace), to issue his warrant (F), and on accused being brought before him and he is satisfied of his identity, to commit him 34. For trial in the usual manner (G), 35. Or where accused is in custody, to issue warrant to detain him (H). 51. On information on oath to obtain, (K) search warrant may be granted (K3). 37. Any warrant as aforesaid or search warrant may be issued on Sunday. 49. If accused is in another jurisdiction, justice of that jurisdiction to back warrant on being brought to him, and on hearing the constable on oath, verify the signature of justice who issued same. Remanding or bailing accused. 64. One justice may do so by committing accused to gaol (M) not exceeding eight clear days at a time. 65. Or for three days only by verbal order. |