issuing summonses

This file last saved 12 August, 2019 20:00

    introduction

  1. A summons is a document issued under the Justices Act 1886 that commands a person to attend a court at a prescribed time and place as set out in the form.
  2. This section deals with three separate procedures:
    1. Summons to a defendant;
    2. Summons to a witness; and
    3. the Oath of Service;
  3. There is a prescribed form which consists of three parts:
    1. the complaint, which substantiates the issue of the summons;
    2. the summons, details of the person summonsed and the time, date and place of the court; and hearing.
    3. the oath of service, which is proof that the summons was presented to the person named.

    preliminary

  4. Before you issue a summons, you must be satisfied that:
    1. an offence has occured within Queensland;
    2. the offence exists within Queensland law; and
    3. all elements of the offence are included in the complaint.

    steps to issue a summons to a defendant

    1. Ask the complainant for identification.
    2. For a sworn summons immediately place the complainant on oath or affirmation.

      I SWEAR THAT THE CONTENTS OF THIS DOCUMENT, AND ANY FURTHER INFORMATION I MAY SUPPLY, EITHER ORALLY OR IN WRITING, ARE TRUE AND CORRECT, SO HELP ME GOD.

      or

      I SOLEMNLY SINCERELY AND TRULY AFFIRM AND DECLARE, THAT THE CONTENTS OF THIS DOCUMENT, AND ANY FURTHER INFORMATION I MAY SUPPLY, EITHER ORALLY OR IN WRITING, ARE TRUE AND CORRRECT.

    3. Check that there are three copies of the document.
    4. Read the complaint section carefully to ensure:
      1. the Act or Regulation (which you are entitled to ask to see) under which the summons is requested appears at the top of the complaints form;
      2. the material in the complaint is sufficient to satisfy that an offence has been committed under Queensland legislation, and that it covers all elements of the offence;
      3. the complaint covers one offence only, unless all of the offences are related or part of the same incident;
      4. the complaint is made within one year of the date the offence was committed.
    6. Ask the complainant any questions necessary to clarify the offence which has been committed and the evidence that shows that the defendant is implicated. Keep a record of the questions asked and the information provided to you under oath.
    7. Once you are satisfied that the summons is justified, have the complainant sign the complaint, reminding them that they are under oath.
      If you have decided not to issue the summons, you should cross out the complaint and note your reasons on the form. If the complainant is a police officer you should then inform the officer in charge of the police station where the complainant is stationed.
    8. Witness the complainant's signature on the complaint by signing it, affixing your seal of office and entering your registration number.
    9. Read the summons section thoroughly to ensure that the summons:
      1. gives the full name and address of the complainant;
      2. is dated the day that you issue it;
      3. gives the full name, address, date of birth and occupation of the person to be served; and
      4. shows the date, time and place of the court hearing.
    10. Contact the Magistrates Court to arrange a return date, ie, the date for the court hearing. Ensure that there are no obvious problems with the date and time.
    11. Sign the summons, affix your seal of office and enter your registration number.
    12. Do NOT complete the Oath of Service.

      13. steps to issue a summons to a witness

    13. Complete these steps:
      1. Check that the witness is within the Queensland jurisdiction.
      2. Check that the witness is able to give material evidence at the hearing. That evidence should be crucial to the case, especially if the witness lives at a considerable distance from the court.
      3. Sign the summons, affix your seal of office and enter your registration number.
      4. You are permitted to ask questions to verify these points, and may place the person requesting the summons on oath before you ask your questions.

      Oath of Service

    14. The Oath of Service does not have to be sworn before the same JP who issued the summons, and is completed after the person named in the summons has been served. The person who served the summons completes the Oath of Service and swears or affirms this in front of you, specifying the manner of service.

      15. References

    15. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - June 2017, Section 5.1