Tuvalu

Criminal Procedure Code

PART IV - PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS AND PROCEEDINGS

77 Issue of summons or warrant

(1) Upon receiving a complaint and having signed the charge in accordance with the provisions of section 76, the magistrate may in his discretion issue either a summons or a warrant to compel the attendance of the accused person before a magistrate’s court having jurisdiction to inquire into or try the offence alleged to have been committed:
Provided that a warrant shall not be issued in the first instance unless the complaint has been made upon oath either by the complainant or by a witness or witnesses.

(2) The validity of any proceedings taken in pursuance of a complaint or charge shall not be affected either by any defect in the complaint or charge or by the fact that a summons or warrant was issued without complaint or charge.

(3) Any summons or warrant may be issued on a Sunday.

Keywords

Arrest
Surrender
Request for arrest and surrender
Cooperation under procedures of national law



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