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Defect In Court Summons

Bunny Buster · 2011-01-18 02:55:27

In relation to court summonses, what would happen if a summons was served to a person, but the incorrect date of birth was quoted at the bottom of the summons? When the case comes up for hearing and the issue of the said defect was raised, what would be the procedure? Would there be a possibility of a strikeout/dismissal,…

18-01-2011 2:55am

#1

Bunny Buster

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Join Date: February 2010

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In relation to court summonses, what would happen if a summons was served to a person, but the incorrect date of birth was quoted at the bottom of the summons? When the case comes up for hearing and the issue of the said defect was raised, what would be the procedure? Would there be a possibility of a strikeout/dismissal, or would the prosecution seek to have the fault amended? In the event of the latter, would it be rectified instantly, or would there be an adjournment granted to facilitate the necessary amendments?

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#2 18-01-2011 8:10am

puca mor

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I believe that in District Court the judge has a discretion to amend the summons where it is not prejudicial to the accused, and the error on the face of the summons is relatively minor. (order 12 rule 2 DCR)

If it was dismissed due to error on face, the prosecutor would just issue a fresh summons i suppose.

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