Chapter 7 – Securing the Attendance of the Accused at the Trial

Question 1

What is the difference between a written notice and a summons ?

Answer 1

• Firstly, a written notice to appear is prepared, issued and handed directly to the accused by a peace officer, whereas a summons is prepared by the prosecutor, issued by the clerk of the court and served on the accused by a messenger of the court or a police official.
• Secondly, whereas a written notice to appear always offers the accused the option of paying a set admission of guilt fine in order to avoid a court appearance, a summons need not provide this option.

Question 2

What is the notice period for a summons, and are any days excluded from this period ?

Answer 2

The notice period for a summons is 14 days, excluding Sundays and public holidays.

Question 3

What is the notice period for written notice, and are any days excluded from this period ?

Answer 3

The notice period for written notice is 14 days, excluding Sundays and public holidays.

Question 4

What is the notice period for an indictment, and are any days excluded from this period ?

Answer 4

The notice period for an indictment is 10 days, excluding Sundays and public holidays.