Chapter 10:02 - Summary Jurisdiction (Procedure)

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/470-chapter-1002-summary-jurisdiction-procedure/file

L.R.O. 1/2012
LAWS OF GUYANA

SUMMARY JURISDICTION (PROCEDURE) ACT
CHAPTER 10:02
Act
12 of 1893
Amended by
25 of 1893 51 of 1932 O. 15/1970 11 of 1894 9 of 1933 O. 22/1988 13 of 1894 11 of 1939 O. 27/1988 12 of 1895 32 of 1947 O. 5/2007
4 of 1901 34 of 1948 166/1974 16 of 1902 14 of 1959 167/1974 26 of 1903 29 of 1961
6 of 1904 3 of 1963 15 of 1906 24 of 1969 16 of 1909 28 of 1970
6 of 1912 4 of 1972 13 of 1915 21 of 1978 34 of 1922 4 of 1980 24 of 1927 2 of 1989 11 of 1931 11 of 1997 21 of 1932 13
6
of
of
1998
2012
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 135
... 1/2012
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Index
of
Subsidiary Legislation
Page
Minor Offences (Penalties) Order 133
(O. 98/1970, 168/1974)
Offences (Application of Certain Provisions) Order 135
(O. 99/1970)
Note
on
Revision Date
This Act has been revised up to the 31st December, 2012
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CHAPTER 10:02
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Application of Act.
PART I
INSTITUTION OF PROCEEDINGS
Making of Complaint
4. Mode of instituting proceeding.
5. General right of making complaint.
6. Limitation of complaint.
7. Form and requisites of complaint.
8. Special procedure in respect of certain offences.
8A. Disqualification of licence.
9. Statement of exception.
9A. Averment in complaint or information sufficient to confer
jurisdiction.
Search Warrant
10. Issue of search warrant and proceedings thereunder.
Enforcing Appearance of Defendant
11. Issue of summons to defendant.
12. Service of summons on defendant.
13. Hearing ex parte or issue of warrant, on non-appearance of
defendant.
14. Issue of warrant for defendant in first instance.
SUMMARY JURISDICTION (PROCEDURE) ACT
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SECTION
PART II
WITNESSES
Enforcing Attendance of Witness
15. Issue of summons for witness.
16. Service of summons on witness.
17. Warrant for witness after summons.
18. Issue of warrant for witness in first instance.
19. Dealing with witness arrested under warrant.
20. Non-attendance of witness on adjourned hearing.
Refractory Witness
21. Dealing with witness refusing to be sworn or to give evidence.
PART III
HEARING AND ORDER
Hearing of Complaint
22. Time and place of hearing.
23. Conduct of case.
24. Non-appearance of complainant.
25. Non-appearance of defendant.
25A. Inquiry in cases of absence of defendant on ground of illness.
26. Non-appearance of both parties.
27. Appearance of both parties.
28. Hearing.
29. Hearing of complaints together.
30. Addresses.
Adjournment of Hearing
31. Adjournment and proceeding thereon.

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SECTION
Transfer of Cause
32. Transfer of cause where ground of complaint has arisen out of
jurisdiction of the court.
33. Reduction of charge from indictable to summary conviction offence.
34. Where charge appears to be one proper for indictment.
Making of Order
35. (1) Time and decision and order.
(2) Powers of magistrate no longer in magisterial district.
36. Imprisonment in default of payment of penalty.
37. Power to impose a fine in lieu of imprisonment.
38. Scale of imprisonment for non-payment of money adjudged to be
paid by order.
39. (1) Attempt. Full offence charged – attempt proved.
(2) Attempt charged – full offence proved.
40. Full offence charged – part proved.
41. (1) Embezzlement charged – larceny proved and vice versa.
(5) Larceny or receiving charged and offence under s. 94 of Cap.14
proved.
42. Discharging defendant without punishment.
Costs and Compensation
43. Order for costs and compensation.
PART IV
ENFORCEMENT OF ORDER
44. Powers of the court as to mode of payment of money adjudged to be
paid by order.
45. Allowance of further time.
46. Deposit of money in lieu of surety.
Warrant of Distress
47. Distress warrant
48. Commitment or security until return made to distress warrant.
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SECTION
49. Imprisonment in default of distress.
50. General provisions with respect to distress warrants.
51. Payment of amount of distress warrant.
Commitment of Defendant
52. Committal of defendant in certain cases.
53. Payment of amount due on warrant of commitment.
54. Obligation to allow time for payment of penalties.
55. Postponing issue of warrant of commitment.
56. Commencement of imprisonment.
57. Varying or discharging of order for sureties.
58. (1) Proportionate reduction of term of imprisonment on part
payment of sum adjudged to be paid.
(2) Right of person imprisoned in default to be released on payment
of sum adjudged to be paid.
59. Determination of liability of defendant on satisfaction of, or
discharge from, order.
Summary Order
60. Summary order to do specific act.
PART V
SUMMARY TRIAL OF INDICTABLE OFFENCES
61. Summary trial of indictable offences.
62. Summary trial for offences by debtors.
63. Remand of person charged.
64. General provisions as to dealing summarily with indictable offences.
PART VI
MISCELLANEOUS PROVISIONS
Ownership of Property
65. Statement of ownership of property.
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SECTION
66. Statement of ownership of church.
67. Statement of ownership of public property.
68. Remedies by criminal proceedings for married woman against her
husband and others in respect of property.
69. Criminal liability of wife to husband.
Arrest
70. Arrest of offender in certain cases.
71. Bail where offender taken into custody without warrant.
72. Form and requisites of warrant of apprehension.
73. Execution of warrant.
74. Handcuffing of person arrested.
75. Police station to be lock-up.
Seizure and Restitution of Property
conviction offence.
77. Seizure of things intended to be used in commission of summary
conviction offence.
78. Enforcement of order of seizure.
79. Return of property found on person apprehended.
80. Application of money found on person apprehended.
81. Restitution of property in case of conviction.
Keeping the Peace
82. Articles of the peace.
83. Binding over parties to be of good behaviour.
84. Enforcement of recognisance to keep the peace or to be of good
behaviour.
85. Bringing up person imprisoned for want of sureties.
86. Sanction of compromise.
Commitment of Vagrants and Rogues to Alms-house
87. Power to make order for detention of vagrants in alms-house.
88. Time of detention.
76. Seizure and attachment of property the proceeds of summary
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SECTION
89. Power to order discharge of person detained.
90. Discharge of person detained on security being given.
91. Transfer to hospital of person detained in case of illness.
92. Arrest of person detained in case of escape.
Saving of Validity of Process
93. Provisions as to certain proceedings in the court.
94. No objection to jurisdiction unless taken at hearing.
95. Effect of variance or defect in proceedings.
Proof of Process
96. (1) Proof of service of process by bailiff or constable.
(2) Proof of service of process.
97. Proof of previous conviction.
Enforcement of Recognisance
98. Mode of enforcement.
Appropriation of Penalties and Seizures
99. Appropriation of penalties and seizures.
100. Dealing with forfeiture not pecuniary.
101. Remission by President of penalties.
102. Effect of acquiescence in remission.
103. Payment of sum adjudged to be paid by person imprisoned in
default of payment.
104. Keeping account of moneys received.
105. Taking of recognisance.
Records
106. Record book of proceedings.
107. Register of minutes of orders.
108. Custody of records.

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SECTION
Forms
109. Use of forms in Second Schedule.
110. Form of complaint, summons, warrant or other document.
FIRST SCHEDULE— Indictable offences by adults which may be tried
summarily.
SECOND SCHEDULE— Forms for use in proceedings relating to summary
conviction offences.
__________________________
1929 Ed.
c. 14
1953 Ed.
c. 15 _______________________________________________________
12 of 1893 An Act to consolidate and amend the Laws relating to
Procedure with respect to Offences punishable on
Summary Conviction.
[1ST MARCH, 1894]

Short title.

Interpretation.
[11 of 1931]
PRELIMINARY
1. This Act may be cited as the Summary Jurisdiction
(Procedure) Act.
2. In this Act –
“adult” means a person who, in the opinion of the court, is of
or above the age of sixteen years;
“child” means a person who, in the opinion of the court, is
CHAPTER 10:02
SUMMARY JURISDICTION (PROCEDURE) ACT
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under the age of fourteen years;
“clerk” means the clerk of the court;
“complainant” includes any informant or prosecutor in any
case relating to a summary conviction offence;
“complaint” includes any information or charge relating to a
summary conviction offence;
“the court” means a magistrate’s court acting in the exercise
of its jurisdiction in respect of summary conviction
offences;
“defendant” means any person against whom a complaint is
made;
“indictable offence” means any offence punishable on
indictment before the High Court;
“keeper” when used in relation to a prison, includes the
superintendent or other chief resident officer of the
prison;
“order” includes any conviction in respect of a summary
conviction offence;
“penalty” includes any pecuniary fine, forfeiture, or
compensation recoverable or payable under an order;
“prison” includes any lock-up house, police-cell, or other duly
authorised place of detention for persons in custody;
“sum of money adjudged to be paid by order” includes any
costs,
“summary conviction offence” means any offence punishable
on summary conviction before the court, and includes
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Application of
Act.

Mode of
instituting
proceeding.
Forms 1 & 2.

General right
of making
complaint.

Limitation of
complaint.

Form and
requisites of
complaint.
any matter in respect of which the court can make an
order in the exercise of its summary jurisdiction.
3. Unless the contrary is expressly provided by any
written law relating thereto, this Act shall extend and apply to
all proceedings which may be taken in respect of summary
conviction offences, whether those offences are constituted
before, or at the time of, or after, the commencement hereof.
PART I
INSTITUTION OF PROCEEDINGS
Making of Complaint
4. Every proceeding in the court for the obtaining of
an order against any person in respect of a summary
conviction offence shall be instituted by a complaint made
before the magistrate of the court.
5. Anyone may make a complaint against any person
committing a summary conviction offence unless it appears
from the written law on which the complaint is founded that
a complaint for that offence shall be made only by a particular
person or class of persons.
6. In every case where no time is specially limited for
making a complaint for a summary conviction offence in the
written law relating to that offence, the complaint shall be
made within six months from the time when the matter of the
complaint arose, and not after.
7. (1) No complaint need be in writing, unless it is
required to be so by the written law on which it is founded or
by some other written law, but if a complaint is not made in
writing, the clerk shall reduce it into writing.
(2) Subject to section 13 every complaint may,
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Special
procedure in
respect of
certain
offences.
[14 of 1959
28 of 1970
4 of 1972
O. 166/1974
167/1974
13 of 1998
O. 5/2007]
Form 4.
unless some written law otherwise requires, be made without
any oath being made of the truth thereof.
(3) A complaint may be made by the complainant
in person, or by his counsel, or by any person authorised in
writing in that behalf, and shall be for one offence only.
(4) The description of any offence in the words of
the written law creating the offence, or in similar words, with
a specification so far as practicable of the time and place when
and where the offence was committed, shall be sufficient in
law.
8. (1) Notwithstanding section 11(1), where any
member of the Police Force finds that an offence to which this
section applies has been committed or is being committed in
any place, it shall be lawful for such member of the Police
Force then and there to serve upon the person alleged to be
the offender a notice charging him with the commission of
such offence, and notifying him that a complaint will be made
against him in respect of the said offence and requiring him
to appear at the court specified in the notice on the day and at
the hour stated therein to answer the said complaint.
(2) A person upon whom a member of the Police
Force has served a notice under subsection (1) may, in lieu of
being prosecuted for the alleged offence, pay to the clerk of
the court of the magisterial district in which the offence was
committed, within seven days from the date of the issue of the
notice, such penalty as the Minister may by order prescribe
for the offence.
(3) The Minister may by order amend or revoke
any order made under subsection (2).
(4) A notice under subsection (1) shall be served on
the alleged offender personally, and the date stated in the
notice as the day on which the alleged offender is required to
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appear at court shall be at least fourteen days after the date of
the issue of the notice.
(5) If the alleged offender pays the penalty within
the time specified in subsection (2), the provisions hereinafter
contained in this section in respect of his duties and liabilities
shall not apply.
(6) If the alleged offender does not exercise the
option of paying a penalty as provided for in subsection (2),
the member of the Police Force shall, on the date stated in the
notice as the day on which the alleged offender is required to
appear at court, make in the court specified in the notice a
complaint against the alleged offender for the offence
mentioned in the notice.
(7) Upon the service of a notice under subsection
(1), the alleged offender shall be subject to the same duties
and liabilities as if he had entered, under section 71, into a
recognisance in the sum of one thousand six hundred and
twenty-five dollars to appear before the court specified in the
notice on the day and at the hour stated therein to answer the
complaint referred to in the notice and to be further dealt
with according to law.
(8) If a complaint has been duly made under
subsection (6) and the alleged offender does not appear at the
court at the time mentioned in the notice, the court may
proceed in accordance with sections 13 and 25 and for this
purpose the said sections shall be read as if the word “notice”
were substituted for the word “summons” wherever it
appears therein.
(9) If the alleged offender appears at the time
mentioned in the notice and a complaint has been duly made
under subsection (6), the court shall proceed to hear and
determine the complaint.

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c. 8:02
c. 51:02
c. 51:02
c. 8:02

c. 47:01
(10) This section shall apply to –
(a) offences against section 153 of the
Summary Jurisdiction (Offences) Act;
(b) offences against sections 13, 15, 23, 25,
34, 40, 43, 46, 50, 52, 55, 56, 57, 58, 59,
60 and 61 of the Motor Vehicles and
Road Traffic Act;
(c) offences against the Motor Vehicles
and Road Traffic Regulations;
(d) offences against the General Traffic
Directions made by the Commissioner
of Police on the 24th November, 1937,
under the Summary Jurisdiction
(Offences) Act and continued in force
by section 117 of the Motor Vehicles
and Road Traffic Act;
(e) offences against any order made by
the Licensing Authority under section
48, 51 or 102 of the Motor Vehicles
and Road Traffic Act;
(f) offences against the Road Traffic
(Georgetown) Regulations;
(g) offences under section 63(3) of the
Post and Telegraph Act in respect of
broadcast receiving sets.
(11) Subject to negative resolution of the National
Assembly, the Minister may by order amend subsection (10)
by making additions to or deletions from the offences referred
to therein.

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(12) Where a police constable finds a vehicle on an
occasion and has reason to believe that on that occasion there
is being or has been committed in respect of it an offence to
which this section applies, being an offence –
(a) committed by reason of the vehicle
obstructing the road, or waiting, or
being left or parked or being loaded
or unloaded in a road; or
(b) disclosed upon an examination of
such vehicle, he may proceed under
this section as if he had found a
person reasonably believed by him to
be committing an offence and for that
purpose a notice as mentioned in
subsection (1) if affixed to the vehicle
shall be deemed to be served
pursuant to that subsection upon the
person liable for the offence and
notwithstanding anything to the
contrary in any law the registered
owner of such vehicle shall, for the
purposes of any proceedings to be
taken in a court in respect of such
offence, be deemed to be the person
liable for the offence:
Provided that if the registered owner at the time of
entering his plea at the hearing of the offence alleges that he
was not the driver, or the person in charge, of the vehicle at
the time when the alleged offence was committed the court
may cause a summons to be issued to the person who is
alleged by the registered owner to have been the driver or the
person in charge making him a co-defendant in the
proceedings and the court may after hearing the evidence and
witnesses, if any, of all parties make such order as to the
payment of any fine and costs as to the court may seem just.
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c. 17:01

Disqualifi-
cation of
licence.

(13) A notice if affixed to a vehicle under
subsection (12) shall not be removed or interfered with except
by or under the authority of the driver or person in charge of
the vehicle or the person liable for the offence in question; and
any person contravening this subsection shall be liable to a
fine of not less than ten thousand dollars nor more than
twenty thousand dollars.
(14) Where a notice is served under subsection (1)
or is affixed under subsection (12), the officer responsible for
so doing shall –
(a) immediately after his return to the
police station to which he is attached,
submit a copy of the notice to the
officer in charge of that police station
to be kept there for the purposes of
the record; and
(b) within no more than three days after
serving or affixing the notice, submit
a copy of the notice to the clerk of the
court of the magisterial district in
which the alleged offence was
committed.
(15) An officer who fails to comply with the
requirements of subsection (14) commits an offence against
discipline for the purposes of section 4 of the Police
(Discipline) Act and is liable to such punishment as may be
imposed upon him under that Act.
8A. (1) If a complaint has been duly made under
section 8(6) in respect of an offence in connection with driving
and the alleged offender does not appear at the court at the
time mentioned in the notice, the court –

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c. 51:02
c. 51:02
(a) may proceed as provided in section 8
(8); and
(b) shall make an order disqualifying the
alleged offender from holding or
obtaining a driver’s licence until such
time as the offender pays the sum
specified under subsection (2).
(2) The sum, referred to under subsection (1) (b)
shall not be less than the penalty prescribed for that offence
under section 8 (2), plus one half of that amount per month
for every month or part of each month following the date of
disqualification until payment.
(3) A disqualification under this section has the
same effect as if it were a disqualification by virtue of a
conviction or order under the Motor Vehicles and Road
Traffic Act, and section 32 (1), (2), (5) and (6) of that Act
applies to the disqualification.
(4) Where a disqualification order is made under
this section –
(a) the clerk of the court shall send notice
of the order to the Licensing
Authority established under the
Motor Vehicles and Road Traffic Act
and to the Commissioner of Police;
and
(b) the disqualified person shall, on
demand by any police constable,
surrender his licence to the police
constable.
(5) Upon payment of the sum specified in subsection
(2) to the clerk of the court, the disqualified person, shall
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Statement of
exception.

Averment in
complaint or
information
sufficient to
confer
jurisdiction.
[21 of1978]

Issue of search
warrant and
proceedings
thereunder.
apply to the police constable for the return of his licence.
9. Any exception, exemption, proviso, condition,
excuse or qualification, whether it does or does not
accompany in the same section the description of the offence
in the written law creating an offence, may be proved by the
defendant, but need not be specified or negatived in the
complaint, and, if so specified or negatived, no proof in
relation to the matter so specified or negatived shall be
required on the part of the complainant.
9A. An averment in any complaint or information that
an offence has been committed within a particular magisterial
district shall, unless the contrary is proved, be sufficient to
confer jurisdiction on a magistrate of that district to hear and
determine the complaint or information, as the case may be.
Search Warrant
10. (1) Any magistrate who is satisfied, by proof upon
oath, that there is reasonable ground for believing that there
is, in any building, ship, carriage, box, receptacle, or place –
(a) anything upon, or in respect of which,
any summary conviction offence has
been or is suspected to have been
committed for which, according to
any written law for the time being in
force, the offender may be arrested
without warrant; or
(b) anything which there is reasonable
ground for believing will afford
evidence as to the commission of that
offence; or
(c) anything which there is reasonable
ground for believing is intended to be
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Form 50.
used for the purpose of committing
any offence against the person
punishable on summary conviction,
for which, according to any written
law for the time being in force, the
offender may be arrested without
warrant,
may at any time issue a warrant under his hand, authorising
some police or other constable named therein to search the
building, ship, carriage, box, receptacle, or place for any of
those things, and to seize and take it before the magistrate
issuing the warrant or some other magistrate, to be by him
dealt with according to law.
magistrate in his discretion, may, by the warrant, authorise
the constable to execute it at any hour.
(3) When the thing is seized and brought before
any magistrate, he may detain it, or cause it to be detained,
taking reasonable care that it is preserved till the conclusion
of the matter; and, if any appeal is brought, he may order it
further to be detained for the purpose of or pending the
appeal; and if no appeal is brought, the magistrate shall direct
it to be restored to the person from whom it was taken, except
in the cases hereinafter mentioned, unless he is authorised or
required by law to dispose of it otherwise.
(4) If, under the warrant, there is brought before
any magistrate any forged bank-note, bank-note paper,
instrument or other thing, the possession of which, in the
absence of lawful excuse, is an indictable offence according to
any written law for the time being in force, the magistrate
may direct that thing to be detained for production in
evidence or to be otherwise dealt with as the case requires.
executed on a Sunday and shall be executed between the hours of
five o’clock in the morning and eight o’clock at night, but the
(2) Every search warrant may be issued and
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Issue of
summons to
defendant.
Form 3.
(5) If, under the warrant, there is brought before
any magistrate any counterfeit coin or other thing, the
possession of which, with knowledge of its nature and
without lawful excuse, is a summary conviction offence or an
indictable offence according to any written law for the time
being in force, that thing shall be delivered up to the
Commissioner of Police, or to any person authorised by him
to receive it, as soon as it has been produced in evidence, or as
soon as it appears that it will not be required to be so
produced.
(6) If the thing to be searched for is gunpowder, or
any other explosive or dangerous or noxious substance or
thing, the person making the search shall have the same
powers and protection as are given by any written law for the
time being in force to any person lawfully authorised to
search for the thing, and the thing itself shall be disposed of in
the same manner as directed by that written law or, in default
of direction, as ordered by the Commissioner of Police.
Enforcing Appearance of Defendant
11. (1) Whenever a complaint is made before a
magistrate that any person has committed, or is suspected to
have committed, any summary conviction offence within his
jurisdiction, the magistrate may issue his summons directed
to that person, stating concisely the substance of the
complaint, and requiring him to appear at a certain time not
less than forty-eight hours after the service of the summons
and at a certain place, before the court of the magistrate to
answer the complaint, and to be further dealt with according
to law:
Provided that the court may, if it thinks fit, with the
consent of parties, hear and determine a complaint
notwithstanding that the period of forty-eight hours may not
have elapsed.

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Service of
summons on
defendant.

Hearing ex parte
or issue of
warrant, on
non-
appearance of
defendant.
[14 of 1959
4 of 1972]


Form 5A.
(2) Nothing herein contained shall oblige any
magistrate to issue the summons in any case where the
application for an order may by law be made ex parte.
12. The summons shall be served by a police or other
constable upon the defendant either by delivering it to him
personally, or, if he cannot, with the exercise of reasonable
diligence, be encountered, by leaving it with some person for
him at his last or most usual place of abode.
13. (1) If the defendant does not appear before the
court at the time and place mentioned in the summons, then,
after proof upon oath, to the satisfaction of the court, that the
summons was duly served or that the defendant wilfully
avoids service, the court may, in its discretion, either –
(a) unless the law on which the
complaint is founded otherwise
directs, proceed ex parte to the hearing
of the complaint, and adjudicate
thereon as fully and effectually to all
intents and purposes as if the
defendant had personally appeared
before it in obedience to the
summons; or
(b) adjourn the hearing to some future
day; or
(c) issue a warrant to apprehend the
person so summoned for avoiding
service, and to bring him before the
court to answer the complaint, and to
be further dealt with according to law.
(2) A defendant in any proceedings before the
court may be represented by counsel, and any defendant so
represented shall be deemed not to be absent:
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Issue of
warrant for
defendant in
first instance.

Form 5B.
Form 24.

Issue of
summons for
witness.

Form 6.

Service of
summons on
witness.
Provided that the appearance of a defendant by counsel
shall not satisfy any provision in any enactment or any
condition of any recognisance expressly requiring his
presence.
14. On a complaint in writing and upon oath being
made before a magistrate for any summary conviction
offence, the magistrate may, on good cause being shown to
him for so doing, and on oath being made before him
substantiating the matter of the complaint to his satisfaction,
instead of issuing a summons, issue in the first instance a
warrant to apprehend the person against whom the complaint
has been made and to bring him before the court of the
magistrate to answer the complaint, and to be further dealt
with according to law.
PART II
WITNESSES
Enforcing Attendance of Witness
15. If, either before or on the hearing of any complaint,
it appears to the magistrate, on the statement of the
complainant or of the defendant or otherwise, that any person
is likely to give material evidence for the complainant or for
the defendant, the magistrate may issue a summons for that
person, requiring him to attend, at a time and place to be
mentioned therein, before the court of the magistrate to give
evidence respecting the case, and to bring with him any
documents relating thereto which may be in his possession,
power, or control.
16. The summons shall be served by a police or other
constable upon the person to whom it is directed, either by
delivering it to him personally, or, if he cannot, with the
exercise of reasonable diligence, be encountered, by leaving it
with some person for him at his last or most usual place of
abode.
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Warrant for
witness after
summons.

Form 7.

Issue of
warrant for
witness in first
instance.
Form 8

Dealing with
witness
arrested under
warrant.
Non-
attendance of
witness on
adjourned
hearing.
17. If the person to whom the summons is directed
does not attend before the court at the time and place
mentioned therein, and no reasonable excuse is offered for his
non-attendance then, after proof upon oath, to the satisfaction
of the court, that the summons was duly served or that the
person to whom the summons is directed wilfully avoids
service, the court, being satisfied by proof upon oath that he is
likely to give material evidence and that a reasonable sum
was paid or tendered, or was ready to be paid or tendered, to
him for his expenses in that behalf, may issue a warrant to
apprehend him, and to bring him, at a time and place to be
mentioned in the warrant, before the court in order to testify
as aforesaid.
18. If the magistrate is satisfied, by proof upon oath,
that any person likely to give material evidence, either for the
complainant or for the defendant, will not attend to give
evidence without being compelled to do so, then, instead of
issuing a summons, he may issue a warrant in the first
instance for the apprehension of that person.
19. (1) Every witness arrested under a warrant issued
in the first instance shall, if the hearing of the cause for which
his evidence is required is appointed for a time which is more
than twenty-four hours after the arrest, be taken before a
magistrate, and the magistrate may, on his furnishing security
by recognisance, to the satisfaction of the magistrate, for his
appearance at the hearing, order him to be released from
custody, or shall, on his failing to furnish the security, order
him to be detained for production at the hearing.
(2) A witness arrested or detained under this
section shall not be kept in the same room or place as the
defendant, if the defendant is in custody.
20. Every witness who is present when the hearing or
the further hearing of a cause is adjourned, or who has been
duly notified of the time and place to which the hearing or
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Dealing with
witness
refusing to be
sworn or to
give evidence.

Form 9.
further hearing is so adjourned, shall be bound to attend at
that time and place, and, in default of so doing, may be dealt
with in the same manner as if he had failed to attend before
the court in obedience to a summons to attend and give
evidence.
Refractory Witness
21. (1) Where any person, attending either in
obedience to a summons, or by virtue of a warrant, or being
present in court and being verbally required by the court to
give evidence in any cause –
(a) refuses to be sworn as a witness; or
(b) having been so sworn, refuses to
answer any question put to him by or
with the sanction of the court; or
(c) refuses or neglects to produce any
document which he is required by the
court to produce,
without offering any sufficient excuse for his refusal or
neglect, the court may, if it thinks fit, adjourn the hearing of
the cause for any period not exceeding eight days, and may in
the meantime, by warrant, commit the person to prison,
unless he sooner consents to do what is so required of him.
(2) If the person, on being brought before the court
at or before the adjourned hearing, again refuses to do what is
so required of him, the court may, if it thinks fit, again
adjourn the hearing of the cause, and commit him for the like
period, and so again from time to time until he consents to do
what is so required of him.
(3) Nothing herein contained shall affect the
liability of the person to any other punishment or proceeding
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Time and place
of hearing.

Conduct of
case.
Non-
appearance of
complainant.


Non-
appearance of
defendant.
for refusing or neglecting to do what is so required of him, or
shall prevent the court from disposing of the matter in the
meantime, according to any other sufficient evidence taken by
it.
PART III
HEARING AND ORDER
Hearing of Complaint
22. (1) On the day and at the place mentioned in the
summons, or, as may be, on the day and at the place on and at
which the defendant is brought before the court under a
warrant, the cause with respect to which the complaint has
been made shall be called for hearing in the court.
(2) The room or place in which the court is held for
the purposes of the hearing shall be deemed an open and
public court, to which the public generally may have access,
so far as it can conveniently contain them.
23. Both the complainant and the defendant shall be
entitled to conduct their respective cases in person or by
counsel.
24. If, when the cause is called, the defendant appears
voluntarily in obedience to the summons, or is brought before
the court under a warrant, and the complainant, having had
due notice of the time and place of hearing (which shall be
proved to the satisfaction of the court), does not appear in
person or by counsel, the court shall dismiss the complaint,
unless the court, having received a reasonable excuse for the
non-appearance of the complainant, or for other sufficient
reason, thinks fit to adjourn the hearing thereof to some
future day, upon such terms as the court thinks just.
25. (1) If, when the cause is called, the defendant does
not appear, the court may, if it comes within the provisions of
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Inquiry in cases
of absence of
defendant on
ground of
illness.
[4 of 1980]


section 13, proceed as therein directed.
(2) If service of the summons is not proved to the
satisfaction of the court, or if a warrant is issued for the
apprehension of the defendant, the court may adjourn the
hearing of the cause to some future day, in order that proper
service may be effected or, as may be, until the defendant is
apprehended.
(3) If the defendant is afterwards apprehended on
a warrant as aforesaid, he shall be brought before the
magistrate, who shall thereupon commit him by warrant to
prison or to other safe custody he thinks fit, and order him to
be brought at a certain time and place before the court; and of
that time and place the complainant shall, by direction of the
magistrate, be served with due notice.
25A. Without prejudice to any other provision of this
Act, where a defendant absents himself or seeks to absent
himself from trial on the ground of illness the court may order
him to submit himself for examination by a registered
medical practitioner designated by the court in order to
determine whether or not he is fit to attend the trial and
thereafter the court may proceed with the trial in the absence
of the defendant if –
(a) he does not submit himself for the
examination; or
(b) the court, having considered the
report of the examination, together
with any other report of any
registered medical practitioner
tendered by the defendant and, if
necessary, the testimony on oath of
any registered medical practitioner, is
satisfied that the defendant is capable
of attending the trial.
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Non-
appearance of
both parties.
Appearance of
both parties.

Hearing.

26. If, when the cause is called, neither the
complainant nor the defendant appears, the court shall make
such order as the justice of the case requires.
27. If, when the cause is called, both the complainant
and the defendant appear, the court shall proceed to hear and
determine the complaint.
28. (1) At the commencement of the hearing, the court
shall state to the defendant the substance of the complaint
and ask him whether he is guilty or not guilty.
(2) If the defendant says that he is guilty and
shows no cause, or no sufficient cause, why an order should
not be made against him, the court shall make such order
against him as the justice of the case requires.
(3) If the defendant says that he is not guilty, the
witnesses on both sides shall, unless the court in any instance
otherwise expressly orders, be called and placed out of court
and out of hearing, under the charge of the proper officer of
the court, or of some other person appointed by the court for
that purpose.
(4) The court shall then proceed to hear the
complainant and any witnesses he examines, and any other
evidence he adduces in support of his complaint, and also to
hear the defendant and any witnesses he examines, and any
other evidence he adduces in his defence, and also, if the
court thinks fit, to hear any witnesses the complainant
examines in reply, if the defendant has examined any
witnesses or given any evidence.
(5) The magistrate shall, in every case, take notes in
writing of the evidence, or of so much thereof as is material,
in a book to be kept for that purpose, and the book shall be
signed by the magistrate at the conclusion of each day’s
proceeding:
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Hearing of
complaints
together.
[2 1 of 1932
21 of 1978]


Addresses.

Adjournment
and proceed-
ing thereon.
Provided that, if the magistrate is from any cause unable
to take the notes, they may be taken by the clerk under his
direction.
29. Any number of complaints for any number of
offences may be heard together where the offences are
founded on the same facts, or form or are a part of a series of
offences of the same or a similar character:
Provided that if the court thinks it conducive to the ends
of justice to do so, it may order that the defendant shall be
tried upon any one or more of the complaints separately.
30. The complainant shall be entitled to address the
court at the commencement of his case; the defendant shall be
entitled to address the court at the commencement or the
conclusion of his case, as he thinks fit; and if the defendant
has examined any witnesses or given any evidence, the
magistrate may allow the complainant to reply on the
conclusion of the cause.
Adjournment of Hearing
31. (1) At any time before or during the hearing of a
complaint, the court may, in its discretion, adjourn the
hearing to a certain time and place to be then appointed and
stated in the presence and hearing of the party or parties, or
his or their respective counsel, or in the absence of a
defendant, if it be proved to the satisfaction of the court that
the defendant is unable to appear by reason of illness or any
other unavoidable cause.
(2) Upon the adjournment, the court may –
(a) suffer the defendant to go at large; or
(b) commit him to prison or to other safe
custody as the court thinks fit; but the
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Summary Jurisdiction (Procedure) Cap. 10:02 29
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Form 25.

From 33.
Form 34.
Form 18.

Transfer of
cause where
ground of
complaint has
risen out of
jurisdiction of
the court.
Form 51.
committal shall not be for a longer
term than eight days, the day
following that on which the committal
is made being counted as the first day;
or
(c) discharge him upon his entering into
a recognisance, with or without a
surety or sureties conditioned for his
appearance at the time and place to
which the hearing or further hearing
is so adjourned.
(3) If, at the time and place to which the hearing or
further hearing is so adjourned, either or both of the parties
does not or do not appear, the court may proceed to the
hearing or further hearing as if the party or parties were
present; or, if the complainant does not appear, the court may
dismiss the complaint.
Transfer of Cause
32. (1) If, on the hearing of any complaint, it appears
that the ground of complaint arose beyond the limits of the
jurisdiction of the court before which the complaint has been
made, the court may, on being satisfied that it has no
jurisdiction, direct the matter to be transferred to the court
having jurisdiction where the ground of complaint arose.
(2) If the defendant is in custody and the
magistrate directing the transfer thinks it expedient that the
custody should be continued, or, if he is not in custody, that
he should be placed in custody, the magistrate shall direct
him to be taken by a police or other constable before the
magistrate having jurisdiction where the cause of complaint
arose, and shall give a warrant for that purpose to the
constable, and shall deliver to the constable the complaint and
recognisance, if any, taken by the magistrate under this Act,
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Reduction of
charge from
indictable to
summary
conviction
offence.

Where charges
appear to be
one proper for
indictment.

to be delivered to the magistrate before whom the defendant
is to be taken, and the complaint and recognisance, if any,
shall be treated to all intents and purposes as if they had been
taken by the last-mentioned magistrate.
(3) If the defendant is not continued or placed in
custody as aforesaid, the magistrate shall inform the
defendant that he has directed the transfer of the matter as
aforesaid, and thereupon the provisions of the last preceding
subsection, respecting the transmission and use of the
documents in the matter, shall apply.
33. Where, on the holding of any preliminary inquiry
on a charge of an indictable offence, the magistrate is of
opinion that the evidence establishes, or appears likely to
establish, the commission of a summary conviction offence of
a like kind to the offence charged, or an abetment of, or an
attempt or incitement to commit, that summary conviction
offence, the magistrate may, if he thinks fit, inform the
accused person accordingly, and all further proceedings in
the matter thereafter shall be the same as if a complaint had
been made against the person for the latter offence or
abetment, attempt, or incitement:
Provided that in that case all witnesses already
examined shall be recalled for cross-examination or further
cross-examination, if the defendant so desires.
34. If, on the hearing of a complaint, it appears to the
court that the cause ought to be tried as an indictable offence
before the High Court, or if the Director of Public
Prosecutions intimates to the court his opinion in writing to
that effect, all further proceedings in the cause as for a
summary conviction offence shall be stayed, and depositions
shall be taken, and the cause shall in all other respects be dealt
with as if the charge had been originally one for an indictable
offence.

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Summary Jurisdiction (Procedure) Cap. 10:02 31
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Time of
decision and
order.
[11 of 1937]

magistrate no
longer in
magisterial
district.
[11 of 1937]
Form 18.
Form 46.
Making of Order
35. (1)The court shall at the conclusion of the hearing
or within six weeks thereafter at a subsequent sitting give its
decision in the cause, either by dismissing the complaint or by
making such order against the defendant as the justice of the
case requires.
(2) Where before the court gives decision, the
magistrate ceases to exercise jurisdiction in the magisterial
district or to hold office it shall be lawful for him, within six
weeks of the conclusion of the hearing, to lodge with the clerk
of the court his written decision. The court shall read the
decision at the earliest opportunity after notice to the parties
and the decision when read, shall be deemed to be the
decision of the court.
(3) If the complaint is dismissed on the merits, the
court shall, upon being required by or on behalf of the
defendant at any time within six months after the dismissal,
make a formal order of dismissal and give to the defendant a
certificate thereof; and the certificate, upon production, shall
be without further proof a bar to any subsequent complaint
for the same matter against the defendant.
(4) If an order is made against the defendant, a
concise minute or memorandum thereof shall be forthwith
entered in a book to be kept for that purpose; and, if
necessary, an order in proper form may be drawn up at any
time thereafter:
Provided that any defendant who desires to have the
order in his case formally drawn up may, at any time within
five days from the date of adjudication, require the magistrate
to do so; and thereupon it shall be the duty of the magistrate,
within two days from the date of his being so required,
formally to draw up the order, and the defendant shall be
entitled to have a copy thereof without any fee being charged
Powers of
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Imprisonment
in default of
payment of
penalty.

Form 10.
Form 11.
Form 14.

impose a fine
in lieu of
imprisonment.
[32 of 1947
2 of 1989
11 of 1997
13 of 1998]
Form 27.

Scale of
imprisonment
for non-
payment of
money
adjudged to be
paid by order.
[2 of 1989
11 of 1997
13 of 1998]
for the copy.
36. Where by any written law the court is empowered
to impose a penalty for a summary conviction offence, it may,
in the absence of express provision to the contrary in the same
or any other written law, order a defendant who is convicted
of the offence, in default of payment of the sum of money
adjudged to be paid by the order, either forthwith, or at the
times specified in the order, as the case may be, to be
imprisoned in accordance with the scale set forth in section
38.
37. Where a person is convicted of any summary
conviction offence for which the court, under any enactment
for the time being in force, has authority to impose
imprisonment and has not authority to impose a fine, the
court, notwithstanding any such Act or other enactment, may,
if it thinks that the justice of the case will be better met by a
fine than by imprisonment, impose on the offender a fine not
exceeding eighty thousand dollars, and not being of such
amount as will, under this Act, subject the offender in default
of payment of the fine to any greater term of imprisonment
than that to which he is liable under the Act or other
enactment authorising the imprisonment as aforesaid.
38. Subject in every case to the provisions of the
written law on which the order is founded, the period of
imprisonment, whether with or without hard labour, which is
imposed by the court in respect of the non-payment of any
sum of money adjudged to be paid by an order shall be that
period which, in the opinion of the court, will satisfy the
justice of the case, and be according to the following scale:
where the sum of money adjudged
to be paid adjudged by an order – the period shall not
exceed -
does not exceed $10,000 ...........................................twenty days;
Power to
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Attempt. Full
offence charged
– attempt
proved.

Attempt
charged – full
offence proved.


Full offence
charged – part
proved.

Embezzlement
charged –
larceny proved
and vice versa.
exceeds $10,000 but does not exceed $15,000................forty-
two days;
exceeds $15,000 but does not exceed $30,000
.........................twelve weeks;
exceeds $30,000 but does not exceed $50,000 ...............six
months;
exceeds $50,000 but does not exceed $70,000 ....................ten
months;
exceeds $70,000 ..................................................eighteen months.
39. (1) Where the complete commission of the offence
charged is not proved, but the evidence establishes an attempt
to commit the offence, the defendant may be convicted of the
attempt, and punished accordingly; but after a conviction for
the attempt, the defendant shall not be liable to be prosecuted
again for the offence which he was charged with committing.
(2) Where an attempt to commit an offence is
charged, but the evidence establishes the commission of the
full offence, the defendant may be convicted of the attempt
and punished accordingly and shall not be entitled to have
the complaint dismissed; but after a conviction for the
attempt, the defendant shall not be liable to be prosecuted
again for the offence which he was charged with attempting
to commit.
40. Every complaint shall be deemed divisible; and if
the commission of the offence charged, as described in the
written law creating the offence, or as charged in the
complaint, includes the commission of any other offence, the
defendant may be convicted of any offence so included which
is proved although the whole offence charged is not proved,
or he may be convicted of an attempt to commit any offence
so included.
41. (1) Where embezzlement, or the fraudulent
application or disposition of anything, is charged, and the
evidence establishes the commission of larceny of any kind,
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Larceny or
receiving
charged and
offence under s.
94 of Cap. 8:02
proved.
[21 of 1932]
c. 8:02

the defendant shall not be entitled to have the complaint
dismissed, but he may be convicted of the larceny and
punished accordingly.
(2) Where larceny of any kind is charged, and the
evidence establishes the commission of embezzlement, or the
fraudulent application or disposition of anything, the
defendant shall not be entitled to have the complaint
dismissed, but he may be convicted of the embezzlement or
fraudulent application or disposition and punished
accordingly.
(3) No person so convicted of embezzlement,
fraudulent application or disposition, or larceny as aforesaid,
shall be liable to be afterwards prosecuted for larceny,
fraudulent application or disposition, or embezzlement, upon
the same facts.
(4) Where unlawful possession under section 94 of
the Summary Jurisdiction (Offences) Act is charged and the
evidence establishes the commission of the offence of larceny
of any kind or of receiving stolen property, the defendant
shall not be entitled to have the complaint dismissed, but may
be convicted of the larceny or of receiving stolen property and
shall be punished accordingly.
(5) Where larceny of any kind is charged and the
evidence establishes the receiving of any property knowing
the same to have been stolen or the commission of an offence
against section 94 of the Summary Jurisdiction (Offences) Act,
the defendant shall not be entitled to have the complaint
dismissed but he may be convicted of the offence the
commission of which the evidence establishes and punished
accordingly.
(6) Where the receiving of any property knowing
the same to have been stolen is charged and the evidence
establishes the commission of larceny of any kind or of an
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c. 8:02

Discharging
defendant
without
punishment.

Form 19.
offence against section 94 of the Summary Jurisdiction
(Offences) Act, the defendant shall not be entitled to have the
complaint dismissed but he may be convicted of the offence
the commission of which the evidence establishes and
punished accordingly.
(7) Where a person is charged with an offence as
mentioned in subsections (4), (5) and (6), and the magistrate is
of opinion that the evidence establishes one of the other
offences referred to in the particular subsection, a charge for
that other offence need not be made, but the magistrate shall
endorse on the complaint the charge so established and shall
adjourn the proceedings for another sitting of the court,
unless the person charged or his counsel prefers that the
proceedings be there and then continued. The evidence which
has already been taken shall be evidence in the new charge so
far as relevant thereto, but the person charged may require
any witness who has already given evidence to be recalled for
cross-examination, and may call evidence on his own behalf.
42. If, on the hearing of any complaint, it appears to
the court that, although the complaint is proved, the offence
was, in the particular circumstances of the case, of so trifling a
nature that it is inexpedient to inflict any punishment, or any
other than a nominal punishment –
(a) the court may, without proceeding to
a conviction, dismiss the complaint
and, if it thinks fit, order the
defendant to pay such damages, not
exceeding ten dollars, and such costs
of the proceedings, or either of them,
as the court thinks reasonable, and the
damages shall be payable to the
person directed by the court; or
(b) the court may, upon convicting the
defendant, discharge him
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Form 13.


Order for costs
and
compensation.
[4 of 1972
6 of 1997]
conditionally on his giving security,
with or without a surety or sureties, to
appear for sentence when called upon
or to be of good behaviour, and either
without payment of damages and
costs, or subject to the payment of
damages and costs, or either of them,
the court thinks reasonable.
Costs and Compensation
43. (1) In every case where the complaint is dismissed,
the court may order that the complainant shall pay to the
defendant the costs the court deems just and reasonable, and,
if the court is of opinion that the complaint was frivolous or
vexatious, it may also order the complainant to pay to the
defendant a reasonable sum, not exceeding three thousand
two hundred and fifty dollars, as compensation for any
trouble and expense to which the defendant has been put by
reason of that complaint, in addition to his costs.
(2) Wherever an order is made against the
defendant, the court may order that the defendant shall pay
to the complainant such costs, and shall also, subject to the
provisions of any Act in that behalf, pay to the complainant or
any other person such compensation, as the court deems just
and reasonable:
Provided that this section shall not affect the procedure
of the court under any written law making express provision
with respect to that compensation.
(3) An order for payment of costs made against a
defendant may include any costs of and attendant upon his
apprehension.
(4) An order for payment of costs shall not include
any fees to counsel.
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Form 32.



Powers of the
court as to
mode of
payment of
money
adjudged to be
paid by order.
Allowance of
further time.
[11 of 1937]

(5) Any sum so allowed for costs, or for costs and
compensation, shall in every case be specified in the order of
dismissal or order, as the case may be, and payment thereof
may be enforced in the same manner as payment of a penalty.
PART IV
ENFORCEMENT OF ORDER
44. (1) The court by whose order any sum of money is
adjudged to be paid may, if it thinks fit, do all or any of the
following things –
(a) allow time for payment of the sum; or
(b) direct payment of the sum to be made
by instalments; or
(c) direct that the person liable to pay the
sum shall be at liberty to give, to the
satisfaction of the court, security,
either with or without a surety or
sureties, for the payment thereof or of
any instalment thereof.
(2) Where a sum of money is directed to be paid by
instalments and default is made in the payment of any one
instalment, the same proceedings may be taken as if default
had been made in the payment of all the instalments then
remaining unpaid.
45. Where time has been allowed for the payment of a
sum adjudged to be paid by a conviction or order of a court of
summary jurisdiction, further time may, subject to any
provisions of this Act, on an application by or on behalf of the
offender, be allowed by the court, or such court may, subject
as aforesaid, direct payment by instalments of the sum so
adjudged to be paid.
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Deposit of
money in lieu
of surety.


Distress
warrant.
[4 of 1972]
Form 12.
Form 15.
Form 20.
Form 21.
46. The Court may accept a deposit of money from or
on account of any person in lieu of a surety or sureties, and,
on any breach of the condition of his recognisance, the deposit
shall be forfeited and shall be dealt with in the manner
hereinafter mentioned.
Warrant of Distress
47. (1) Any sum of money adjudged to be paid by an
order shall, if the written law on which the order is founded
so directs, but subject to the provisions hereafter in this
section contained, and may, in the discretion of the court in
other cases, be levied upon the movable property of the
defendant by distress and sale thereof.
(2) In that case the court shall (but subject as
aforesaid) or may, as the case may be, issue its warrant of
distress for the purpose of levying the sum, and the warrant
shall be in writing and shall be signed by the magistrate of the
court.
(3) If it appears to the court, when application is
made to it to issue the warrant, that the defendant has no
movable property whereon to levy the distress, or that in the
event of a warrant of distress being issued his movable
property will be insufficient to satisfy the sum of money
adjudged to be paid by the order, or that the levy of the
distress will be more injurious to him or his family than
imprisonment, the court may, if it thinks fit, instead of issuing
the warrant of distress, order the defendant, on non-payment
of the sum, to be imprisoned for any term not exceeding the
term hereinbefore prescribed in respect of a like sum in the
scale of imprisonment in default of payment of sums of
money adjudged to be paid by orders.
(4) The wearing apparel and bedding of a person
and his family, and to the value of one hundred dollars the
tools and implements of his trade, shall not be taken under a
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Commitment
or security until
return made to
distress
warrant.
Form 29.

Imprisonment
in default of
distress.
Form 47.
Form 30.

General
provisions with
respect to
distress
warrants.
[6 of 1997
13 of 1998]
warrant of distress issued by the court.
48. Where a warrant of distress is issued against the
defendant, the court may either suffer the defendant to go at
large or by a warrant in that behalf order him to be kept and
detained in safe custody until return has been made to the
warrant, unless the defendant gives sufficient security by
recognisance or otherwise to the satisfaction of the court, for
his appearance before the court at the time and place
appointed for that return.
49. Where a warrant of distress is issued against the
defendant, and a return is made by the police or other
constable charged with the execution of the warrant to the
effect that no sufficient movable property of the defendant
can be found whereon to levy the distress, the court may
order the defendant, on non-payment of the sum of money
adjudged to be paid by the order and all costs and charges of
the distress and of the commitment, to be imprisoned, for any
term not exceeding the term herein before prescribed in
respect of a like sum in the scale of imprisonment in default of
payment of sums of money adjudged to be paid by orders.
50. The following provisions shall have effect with
respect to the execution of warrants of distress issued by the
court, namely –
(a) a warrant of distress shall be executed
by or under the direction of a police
or other constable;
(b) if the constable charged with the
execution of the warrant is prevented
from executing it by the fastening of
doors or otherwise, the magistrate
may, by writing under his hand
endorsed on the warrant, authorise
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him to use the force necessary to
enable him to execute the warrant;
(c) except so far as the person upon
whose movable property the distress
is levied otherwise consents in
writing, the distress shall be sold at
public auction, and three days at least
shall intervene between the making of
the distress and the sale, but where
consent in writing is so given as
aforesaid the sale may be made in
accordance with the consent;
(d) subject as aforesaid, the distress shall
be sold within the time fixed by the
warrant, and if no time is so fixed
then within the period of fourteen
days from the date of the making of
the distress, unless the sum for which
the warrant was issued, and also the
charges of taking and keeping the
distress are sooner paid;
(e) if any person charged with the
execution of any warrant of distress
wilfully retains from the produce of
any property sold to satisfy the
distress, or otherwise exacts, any
greater costs or charges than those to
which he is for the time being entitled
by law, or makes any improper
charge, he shall, on conviction thereof,
be liable to a penalty exceeding five
thousand dollars but not exceeding
ten thousand dollars:
Provided that nothing herein contained shall affect his
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Payment of
amount of
distress
warrant.
liability to be prosecuted and punished for extortion;
(f) a written account of the costs and
charges incurred in respect of the
execution of any warrant of distress
shall, as soon as practicable, be
delivered by the constable charged
with the execution of the warrant to
the magistrate; and the person upon
whose movable property the distress
was levied may, at any time within
one month after the making of the
distress, inspect the account without
fee or reward at any time during
office hours, and take a copy thereof;
and
(g) a constable charged with the
execution of any warrant of distress
shall sell the distress or cause it to be
sold, and may deduct out of the
amount realized by the sale all costs
and charges actually incurred in
effecting the sale, and shall pay to the
magistrate, or to some person
specified by him, the remainder of
that amount, in order that it may be
applied in payment of the sum for
which the warrant was issued and of
the proper costs and charges of the
execution of the warrant, and that any
overplus may be rendered to the
person upon whose movable property
the distress was levied.
51. Where anyone against whom a warrant of distress
is issued pays or tenders to the police or other constable
having the execution of the warrant the sum or sums therein
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Committal of
defendant in
certain cases.
Form 26.

Payment of
amount due on
warrant of
commitment.
[29 of 1961]

Obligation to
allow time for
payment of
penalties.
[11 of 1937]
mentioned or produces to him the receipt for them of the
clerk, and also pays the amount of the costs and charges of
the distress up to the time of that payment or tender, the
constable shall cease to execute the warrant.
Commitment of Defendant
52. Wherever an order is made against any person for
the payment of a sum of money, and he is liable to be
imprisoned for a certain term unless that sum is sooner paid,
if he does not pay it either forthwith or at the time specified in
the order for its payment, as the case may be, the court may
issue a warrant of commitment, under the hand of the
magistrate, requiring the police or other constable to whom
the warrant is directed to take and convey the person to
prison and there deliver him to the keeper, and requiring the
keeper to receive him into prison and there to imprison him
for the time directed and appointed by the warrant of
commitment, unless the sum of money adjudged to be paid
by the order, and also all other costs, charges and expenses
are sooner paid.
53. If any person against whom an order is made for
the payment of a sum of money and in respect of whom a
warrant of commitment is issued under section 52, pays or
tenders to the police or other constable charged with the
execution of the warrant the sum of money adjudged to be
paid by the order, together with all other costs, charges and
expenses, or produces to the police or other constable a
receipt of the clerk for them, the police or other constable
shall cease to execute the warrant, and the amounts aforesaid
shall be paid to the clerk.
54. (1) A warrant committing a person to prison in
respect of non-payment of a sum adjudged to be paid by an
order of the court shall not be issued forthwith unless the
court which passed the sentence or made the order is satisfied
that he is possessed of sufficient means to enable him to pay
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the sum forthwith, or unless upon being asked by the court
whether he desires that time should be allowed for payment,
he does not express any such desire, or fails to satisfy the
court that he has a fixed abode within its jurisdiction, or
unless the court for any other special reason expressly directs
that no time shall be allowed.
In this subsection the expression “special reason” may
include the gravity of the offence, the character of the
defendant or any other special circumstance.
(2) Where any such person desires to be allowed
time for payment, the court in deciding what time shall be
allowed shall consider any representation made by him, but
the time allowed shall not be less than seven clear days:
Provided that, if before the expiration of the time allowed
the person convicted surrenders himself to a court having
jurisdiction to issue a warrant of commitment in respect of the
non-payment of such sum as aforesaid, and states that he
prefers immediate committal to awaiting the expiration of the
time allowed, that court may if it thinks fit forthwith issue a
warrant committing him to prison.
(3) Where a person so allowed time for payment as
aforesaid appears to the court to be not less than sixteen nor
more than twenty-one years of age, the court may, if it thinks
fit and subject to any provisions of this Act, order that he be
placed under the supervision of such person as may be
appointed by the court until the sum adjudged to be paid is
paid, and in such case before issuing a warrant committing
the offender to prison in respect of non-payment of the sum a
court shall consider any report as to the conduct and means of
the offender, which may be made by the person under whose
supervision the offender has been placed.
(4) In all cases where time is not allowed for
payment the reasons of the court for the immediate committal
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c. 3:05
c. 45:03
c. 46:03
Postponing
issue of
warrant of
commitment.

Commence-
ment of
imprisonment.

Varying or
discharging of
order for
sureties.
Proportionate
reduction of
term of
imprisonment
on part
payment of
sum adjudged
to be paid.
shall be stated in the warrant of commitment.
(5) Nothing in this section shall apply to orders
made by a court under sections 34 to 55 of the Summary
Jurisdiction (Magistrates) Act or the Maintenance Act.
55. Where application is made to the court to issue a
warrant for committing a person to prison for non-payment
of any sum of money adjudged to be paid by an order, the
court may, if it deems it expedient to do so, postpone the
issue of the warrant until the time and on the conditions (if
any) the court deems just.
56. Where any person is brought by a police or other
constable to any prison to be imprisoned by virtue of a
warrant of commitment, the constable shall endorse on the
warrant the day on which the person was arrested by virtue
thereof and the imprisonment shall be computed from that
day and inclusive thereof.
57. Where any person has been committed to prison
by the court for default in finding a surety or sureties, the
court may, on application made to it by that person or by
someone acting on his behalf, inquire into the person’s case
and if, upon new evidence produced to the court or proof of a
change of circumstances, the court thinks, having regard to all
the circumstances of the case, that it is just to do so, the court
may reduce the amount for which it was ordered that the
surety or sureties should be bound, or dispense with the
surety or sureties, or otherwise deal with the matter as the
court thinks just.
58 (1) Where a term of imprisonment is imposed by a
court in respect of the non-payment of any sum of money
adjudged to be paid by an order of a court, that term shall, on
payment of a part of such sum to the clerk, be reduced by a
number of days bearing as nearly as possible the same
proportion to the total number of days in the term as the sum
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[11 of 1937]


Right of person
imprisoned in
default to be
released on
payment of
sum adjudged
to be paid.
paid bears to the sum adjudged to be paid:
Provided that in reckoning the number of days by which
any term of imprisonment would be reduced under this
section the first day of imprisonment shall not be taken into
account, and that in reckoning the sum which will secure the
reduction of a term of imprisonment fractions of a cent shall
be omitted.
(2) Where any person has been committed to
prison by the court for non-payment of any sum of money
adjudged to be paid by an order, he may pay or cause to be
paid to the keeper of the prison the sum mentioned in the
warrant of commitment, together with the amount of the
costs, charges, and expenses (if any) also mentioned therein,
and the keeper shall receive those moneys and thereupon
discharge him, unless he is in custody for some other matter.
(3) Where any person has been committed to
prison by the court for non-payment of any sum of money
adjudged to be paid by an order, then on payment to the
keeper of the prison of any sum in part satisfaction of the sum
so adjudged to be paid, the term of imprisonment shall be
reduced by a number of days bearing as nearly as possible the
same proportion to the total number of days for which the
prisoner is sentenced as the sum so paid bears to the sum for
which he is so liable.
(4) Wherever under the preceding subsection a
sum has been received in part satisfaction of a sum due from
a prisoner in consequence of the conviction of the court, that
sum shall be applied, firstly, towards the payment in full or in
part of any costs or damages or compensation ordered by the
conviction of the court to be paid to the prosecutor, and,
secondly, towards the payment of the fine, if any, imposed on
the prisoner.
(5) The keeper of any prison who receives any sum
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Determination
of liability of
defendant on
satisfaction of,
or discharge
from, order.

Summary order
to do specific
act.
Form 16.
Form 28.

Form 14.
Form 31.
under this section in payment in full or in part of any costs or
damages or compensation ordered by the conviction of the
court to be paid to the prosecutor shall forthwith transmit the
sum to the clerk of the court in which the conviction took
place, who shall pay it to the person entitled thereto.
59. Where the defendant, having been convicted of the
offence with which he was charged, has paid the sum of
money adjudged to be paid by the order, or has been
discharged therefrom by the State, or has undergone
imprisonment for non-payment thereof, or imprisonment
adjudged in the first instance, or both, or has been discharged
from his conviction in manner aforesaid, he shall be released
from all other criminal proceedings for the same matter:
Provided that nothing in this section shall affect the
liability of any person in respect of a continuing or recurring
offence.
Summary Order
60. (1) Where a power is by any written law given to
the court of requiring any person to do, or to abstain from
doing, any act or thing, other than the payment of money, or
of requiring any act or thing to be done or left undone, other
than the payment of money, and no mode is prescribed of
enforcing the requisition, the court may exercise that power
by an order, and may annex to the order any conditions as to
time or mode of action or otherwise which the court thinks
just, and may suspend or rescind the order on any
undertaking being given, or any condition being performed,
which the court thinks just, and generally may make such
arrangements for carrying the power into effect as to the court
seems fit.
(2) Every person who makes default in complying
with an order of the court in relation to matter arising under a
written law, other than the payment of money, shall be
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Summary trial
of indictable
offences.
[21 of 1932
34 of 1948
4 of 1972
21 of 1978
4 of 1980
2 of 1989
11 of 1997
13 of 1998]
Form 42

punished in the manner prescribed by that written law, or, if
no punishment is so prescribed, may, in the discretion of the
court, be ordered to pay a sum not exceeding three hundred
and twenty-five dollars for every day during which he is in
default or to be imprisoned, until he has remedied his default:
Provided that a person shall not, for non-compliance
with the requisition of the court, whether made by one or
more orders, to do or to abstain from doing any act or thing,
be liable under this section to the payment of any sums
amounting in the aggregate to more than twenty-six thousand
dollars or to imprisonment for any periods amounting in the
aggregate to more than two months.
(3) In making any order aforesaid, the court may
order that, in default of compliance with the order, the
defendant shall pay to the complainant the sum the court
awards as a fair compensation to him for the default, and may
direct that, in default of the payment of that sum, the
defendant shall be imprisoned for any term not exceeding the
term hereinbefore prescribed in respect of a like sum in the
scale of imprisonment in default of payment of sums of
money adjudged to be paid by orders.
PART V
SUMMARY TRIAL OF INDICTABLE OFFENCES
61. (1) Where a person who is an adult is charged
before the court with any offence specified in the First
Schedule, the court, if it thinks it expedient to do so, having
regard to any representations made by or on behalf of the
prosecutor or the accused in the presence of each other, the
nature of the offence, and all the other circumstances of the
case (including the adequacy of the punishment which the
court has power to inflict) may, subject to this section, deal
summarily with the offence, and, if the accused pleads guilty
to, or is found guilty of, the offence charged, the court may
sentence him to any punishment or punishments to which the
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High Court could have sentenced him if he were convicted of
such offence in the High Court:
Provided that the court shall not sentence the accused to
a term of imprisonment exceeding three years or to pay a fine
exceeding one hundred thousand dollars.
(2) If the court at any time during the hearing of a
charge for such an indictable offence as aforesaid against a
person who is an adult becomes satisfied after hearing any
representations from the prosecutor and the accused that it is
expedient to deal with the case summarily, the court shall
thereupon, for the purpose of proceedings under this section,
cause the charge to be reduced into writing (if this has not
been already done) and read to the accused, and shall
forthwith ask him the following question, “Do you plead
guilty or not guilty?”,
(3) Subsection (1) or(2), as the case may be, shall
have effect in respect of any proceedings for an indictable
offence as aforesaid whether or not those proceedings have
been instituted and that offence committed before or on or
after the date of the coming into operation of this section:
Provided that where an indictable offence which was
triable summarily before the date of the coming into
operation of this section was committed before that date the
punishment which the court may impose on the accused shall
not exceed a fine of one hundred and ten thousand dollars
and imprisonment for more than two years.
(4) Where an order of committal for trial to the
High Court has been made prior to the coming into operation
of this section in respect of any indictable offence as aforesaid
but no indictment has been filed prior thereto by the Director
of Public Prosecutions in the registry of the Supreme Court,
the Director of Public Prosecutions or the accused may, prior
to the filing in the said registry of any indictment pursuant to
such committal, apply by motion to the High Court for an
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c. 10:01

order directing the court by which the order of committal was
made to deal with the matter summarily under subsection (1).
If the High Court grants the application, it shall remit the
matter to the said court with directions to hear it summarily.
(5) Where a matter is remitted under subsection (4)
the provisions of section 79 of the Criminal Law (Procedure)
Act shall apply mutatis mutandis.
(6) Where the court commences to deal summarily
with any indictable offence as aforesaid and the accused
pleads not guilty, the court shall order the prosecution to file
with the clerk of the court at least seven days before the time
when the hearing is to commence copies of every statement
by every witness whom the prosecution intend to call at the
hearing of the charge; but the court may adjourn the hearing
to such time as it thinks fit to allow further time for such
copies to be filed or, if filed before such adjournment, in order
that the hearing should not commence earlier than seven days
after the filing of such copies.
(7) The accused, whether admitted to bail or not,
shall be entitled, at his request, to be furnished by the clerk
with one copy of each statement of which copies have been
filed in pursuance of subsection (6) and the remaining copy
thereof shall be retained by the clerk for the use of the court.
(8) Subject to subsection (9), no witness shall be
called by the prosecution to give evidence during the hearing
of any charge before the court for an indictable offence as
aforesaid unless copies of every statement previously made
by him to or for the prosecution in the course of any
investigation of the offence charged have been filed with the
clerk of the court under subsection (6).
(9) Nothing in this section shall be construed as
requiring the prosecution to call any witness copies of whose
statements have been filed, or as precluding the prosecution
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from calling any witness copies of whose statements have not
been filed, under subsection (6):
Provided that no witness, copies of whose statements
have not been so filed, shall be called unless copies of his
statements are first filed with the clerk of the court and given
to the accused before the witness is so called.
(10) Where a copy of any statement has been given
to an accused under the proviso to subsection (9) the court
may adjourn the hearing to such time as it thinks fit.
(11) Subsections (6) to (10) (inclusive) shall not
apply to any proceedings –
(a) where the offence was one which was
triable summarily before the date of
the coming into operation of this
section and was committed before
that date; or
(b) where an order of committal for trial
to the High Court was made in
respect of the offence prior to that
date.
(12) Notwithstanding anything to the contrary in
section 37, where the court sentences a person convicted
summarily of an indictable offence to pay a fine, it shall, by its
sentence, direct that if the person fails to pay the fine at the
time appointed for the payment thereof he shall be
imprisoned for such period, not exceeding six years or one
half of the maximum term of imprisonment to which he
might be sentenced by the court for that offence, whichever is
the lesser, as the court thinks fit, unless the fine is sooner paid.
Any imprisonment to which a person is sentenced and
becomes subject under this section, shall, if the relevant fine is
imposed in addition to a term of imprisonment for the
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Summary trial
for offences by
debtors.
[13 of 1998]
c. 6:04
c. 12:21
c. 8:01


Remand of
person
charged.
offence, commence at the expiration of such term of
imprisonment:
Provided that in the event of non-payment of a fine
imposed in respect of any indictable offence which was triable
summarily and was committed before the coming into
operation of this section the law applicable thereto shall be
that which would have applied had the foregoing provisions
of this subsection not been enacted.
62. Any offence under, or which may be dealt with as
if it were an offence under, the Debtors Act, the Insolvency
Act, or the Criminal Law (Offences) Act, alleged to have been
committed by a person who has been adjudged insolvent, or
in respect of whose estate a receiving order has been made,
may be prosecuted summarily, and, if so prosecuted,
references to the jury in the enactments creating those
offences shall be construed as references to a court of
summary jurisdiction:
Provided that –
(a) the maximum term of imprisonment
which may be awarded by a court of
summary jurisdiction for the offence
shall be twelve months; and
(b) summary proceedings in respect of
the offence shall not be instituted after
the expiration of three years from the
commission of the offence, or of one
year from the first discovery thereof
either by the Official Receiver or by
the assignee in insolvency.
63. (1) Where a person is charged before the court
with an indictable offence with which the court has or may
have in the circumstances mentioned in this Act, power to
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General
provisions as to
dealing
summarily
with indictable
offences.
[21 of 1978]
deal summarily, the court, without prejudice to any other
power which it possesses, may, for the purpose of
ascertaining whether it is expedient to deal with the case
summarily, either before or during the hearing of the cause,
adjourn the cause and remand the person charged.
(2) A person may be remanded under this section
in like manner in all respects as a person accused of an
indictable offence may be remanded.
64. Where an indictable offence is, in the
circumstances mentioned in this Act, authorised to be dealt
with summarily –
(a) the procedure shall, until the court
assumes the power to deal with the
offence summarily, be the same in all
respects as if the offence were to be
dealt with throughout as an indictable
offence, but when and so soon as the
court assumes the power to deal with
the offence summarily, the procedure
shall be the same, from and after that
period, as if the offence were a
summary conviction offence and not
an indictable offence, and this Act
shall apply accordingly:
Provided that nothing herein contained shall be
construed to prevent the court from dealing thereafter with
the offence as an indictable offence, if it thinks fit to do so;
(b) the evidence of any witness taken
before the court assumed the power
to deal with the offence summarily
need not be taken again, but the
witness shall, if the defendant so
requires, be recalled for the purpose
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Form 43.

c. 8:01
c. 10:01
of cross-examination;
(c) the conviction for the offence shall be
of the same effect as a conviction on a
trial on indictment therefor;
(d) where the court has assumed the
power to deal with the offence
summarily, and dismisses the
complaint on the merits, it shall, if
required, deliver to the person
charged a copy, certified under the
hand of the magistrate, of the order of
dismissal, and the dismissal shall be
of the same effect as an acquittal on a
trial on indictment for the offence;
and
(e) the provisions of sections 13 and 14 of
the Criminal Law (Offences) Act and
of section 218 of the Criminal Law
(Procedure) Act shall, as they apply to
a person convicted before the High
Court of an indictable offence, apply
mutatis mutandis to a person convicted
for such an offence dealt with
summarily and for that purpose any
law imposing a limitation as to the
amount that may be awarded by a
magistrate in the exercise of his civil
jurisdiction or regulating an appeal
from such an award shall be
construed and have effect as if there
were no such limitation:
Provided that where the indictable offence was
committed before the date of the coming into operation of this
paragraph the amount which the court may award under this
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Statement of
ownership of
property.
Statement of
ownership of
church

Statement of
ownership of
public
property.
paragraph shall not exceed that which could have been
awarded at the date of the commission of the offence.
PART VI
MISCELLANEOUS PROVISIONS
Ownership of Property
65. (1) Where, in any document in any proceeding
under this Act, it is necessary to state the ownership of any
property whatsoever, whether movable or immovable, which
belongs to or is in the possession of more than one person, it
shall be sufficient to name one of those persons, and to state
the property to belong to the person so named and another or
others as the case may be.
(2) Where, in the document, it is necessary to
mention for any purpose whatsoever any partners or other
joint owners or possessors, it shall be sufficient to describe
them in the manner aforesaid.
(3) This section shall be construed to extend to all
joint stock companies and associations, societies, and trustees.
66. Where, in any document in any proceeding under
this Act, it is necessary to state the ownership of any church,
chapel, or building set apart for religious worship, or of
anything belonging thereto or being therein, it shall be
sufficient to state that the church, chapel, building, or thing, is
the property of the clergyman, or of the officiating minister,
or of the churchwarden or churchwardens of the church,
chapel, or building, without its being necessary to name him
or them
67. Where, in any document in any proceeding under
this Act, it is necessary to state the ownership of any work or
building made, erected, or maintained, either wholly or in
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[24 of 1969]
c. 28:01


Remedies by
criminal
proceedings for
married
woman against
her husband
and others in
respect of
property.

part, at the expense of the inhabitants of Guyana or of any
city, town, local government district established under the
Municipal and District Councils Act, or village of Guyana, or
of anything belonging to or being in or used in relation
thereto, or of anything provided for the use of the poor or of
any public institution or establishment, or of any materials or
tools provided or used for repairing the work or building, or
any public road or highway, or of any other property
whatsoever, whether movable or immovable, of the
inhabitants aforesaid, it shall be sufficient to state that the
property is the property of the inhabitants of Guyana, or of
the city, town, local government district established under the
Municipal and District Councils Act, or village, as the case
may be, without naming any of them.
68. (1) Every married woman, whether married before
or after the commencement of this Act, shall have in her own
name against all persons whatsoever, including her husband
(subject as regards her husband to the proviso hereafter in
this section contained) the same remedies and redress by way
of criminal proceedings for the protection and security of her
own separate property as if that property belonged to her as
an unmarried woman.
(2) In any complaint or other proceeding under
this section, it shall be sufficient to allege the property to
which the complaint or other proceeding relates to be the
property of the married woman:
Provided that no proceeding shall be taken by any wife
against her husband by virtue of this section, while they are
living together, as to or concerning any property claimed by
her, nor, while they are living apart, as to or concerning any
act done by the husband, while they were living together,
concerning property claimed by the wife, unless that property
has been wrongfully taken by the husband when leaving or
deserting, or about to leave or desert, his wife.

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Criminal
liability of wife
to husband.


Arrest of
offender in
certain cases.


Bail where
offender taken
into custody
without
warrant.
Form and
requisites of
warrant of
apprehension.
69. A wife who does any act with respect to any
property of her husband, which, if done by the husband with
respect to property of the wife, would make the husband
liable to criminal proceedings by the wife under the
preceding section, shall in like manner be liable to criminal
proceedings by her husband.
Arrest
70. Anyone who is found committing any offence
against the person, or against property, which is punishable
on summary conviction may be taken into custody, without
warrant, by any police or other constable, or may be
apprehended by the owner of the property on or with respect
to which the offence is committed, or by his servant or any
other person authorised by him, and shall in the latter case be
delivered as soon as possible into the custody of some police
or other constable, to be dealt with according to law.
71. A person taken into custody without warrant for a
summary conviction offence shall be brought before a
magistrate as soon as practicable after he is so taken into
custody, and in the meantime any officer of police or non-
commissioned officer of police may inquire into the matter,
and, except where the offence appears to that officer or non-
commissioned officer to be of a serious nature, shall discharge
the prisoner, upon his entering into a recognisance, with or
without a surety or sureties, for a reasonable amount to
appear before the court at the time and place specified in the
recognisance.
72. (1) Every warrant for the apprehension of any
person issued under this Act, or unless the contrary is
expressly provided, under any other written law relating to
summary conviction offences, shall be dated on the day on
which it is issued, and shall be signed by the magistrate by
whom it is issued.

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(2) The warrant –
(a) shall not be signed in blank;
(b) shall not be issued without an
information or other statement in
writing and upon oath;
(c) may be directed either to any police
or other constable by name, or to that
police or other constable and all other
police and other constables, or
generally to all police and other
constables;
(d) may be executed by any police or
other constable named therein, or by
any one of the police or other
constables to whom it is directed;
(e) shall state concisely the offence or
matter for which it is issued, shall
name or otherwise describe the
person to be arrested, and shall order
the police or other constable or
constables to whom it is directed to
apprehend that person, and bring him
before the court to answer the said
information or statement, or to testify,
or otherwise, according to the
circumstances of the case, and to be
further dealt with according to law.
(3) It shall not be necessary to make the warrant
returnable at any particular time, but it shall remain in force
until it is executed.
(4) A magistrate who issues the warrant shall
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Execution of
warrant.

endorse thereon whether or not the person to be apprehended
shall be admitted to bail and, if he is to be admitted to bail,
whether with or without a surety or sureties and the amount
of the recognisance into which he is to enter; and when the
person has been arrested under the warrant, that
recognisance, conditioned for his appearance before the court
at the time and place specified therein, may be entered into
before any officer or non-commissioned officer of police, who
shall thereupon discharge the prisoner.
73. (1) The warrant of apprehension may be issued
and executed on a Sunday.
(2) The police or other constable executing the
warrant must, before making the arrest, inform the person to
be arrested that there is a warrant for his apprehension,
unless there is reasonable cause for abstaining from giving
that information on the ground that it is likely to occasion
escape, resistance, or rescue.
(3) Subject to the proviso hereafter in this section
contained, it shall not be necessary for the police or other
constable executing the warrant to have it in his possession;
but if he has it, he must, upon request, show it to the person
arrested or to be arrested.
(4) Every person arrested on the warrant shall be
brought before the court as soon as is practicable after he is so
arrested.
(5) Any police or other constable authorised to
execute the warrant may, for the purpose of executing it,
either with or without assistance from any other person or
persons, break open and enter any house, building, or
enclosed place, if admittance cannot otherwise be obtained:
Provided that in that case he must be in possession of the
warrant, and before so doing he must, as far as practicable,
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Handcuffing of
person
arrested.

Police station to
be lock-up.

Seizure and
attachment of
property the
proceeds of
conviction
offence.
[21 of 1978]
c. 10:01
Seizure of
things intended
to be used in
commission of
summary
conviction
offence.

Enforcement of
order of
seizure.

Return of
property found
on person
apprehended.
Application of
money found
on person
notify his possession thereof.
74. A person arrested, whether with or without
warrant, shall not be handcuffed or otherwise bound, except
in case of necessity, or of reasonable apprehension of
violence, or of attempt to escape, or by order of the court or of
a magistrate.
75. Every police station shall be deemed to be a lock-
up house where persons charged with summary conviction
offences may be received and detained according to law.
Seizure and Restitution of Property
76. The provisions of section 203 of the Criminal Law
(Procedure) Act, as they apply in relation to the seizure and
attachment of property being the proceeds of an indictable
offence, shall apply mutatis mutandis in relation to seizure and
attachment of property being the proceeds of a summary
conviction offence.

77. The court may order the seizure of any
instruments, materials, or things which there is reason to
believe are provided or prepared, or being prepared, with a
view to the commission of any summary conviction offence,
and may direct them to be held and dealt with in the same
manner as property seized under the last preceding section.
78. Any order made under either of the last two
preceding sections may be enforced by a search warrant
under this Act.
79. If, upon the apprehension of any person charged
with a summary conviction offence, any property is taken
from him, a report shall be made by the police to the court of
that fact and of the particulars of the property, and the court
shall, if it is of opinion that the property or any portion
a summary
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apprehended.


Application of
money found
on person
apprehended.


Restitution of
property in
case of
conviction.
Form 49.

thereof can be returned consistently with the interests of
justice and with the safe custody of the person charged, order
the property or any portion thereof to be returned to the
person charged or to any other person he directs.
80. If, upon the apprehension of any person charged
with a summary conviction offence, any money is taken from
him, the court may, in its discretion, in case of his conviction,
order the money, or any part thereof, to be applied to the
payment of any costs, or costs and compensation, directed to
be paid by him.
81. (1) Subject as hereinafter provided, where any
person is convicted of a summary conviction offence, any
property found in his possession, or in the possession of any
other person for him, may be ordered by the court to be
delivered to the person who appears to the court to be
entitled thereto.
(2) (a) Where any person is convicted before
the court of having stolen or
dishonestly obtained any property,
and it appears to the court that the
property has been pawned to a
pawnbroker or other person, the court
may order the delivery thereof to the
person who appears to the court to be
the owner, either on payment or
without payment to the pawnbroker
or other person of the amount of the
loan or any part thereof, as to the
court, in all the circumstances of the
case, seems just.
(b) If the person in whose favour the
order is made pays the money to the
pawnbroker or other person under
the order and obtains the property, he
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Articles of the
peace.
Form 17.
Form 36.
[13 of 1998]

shall not afterwards question the
validity of the pawn; but save to that
extent no order made under this
section shall have any further effect
than to change the possession, nor
shall it prejudice any right of property
or right of action in respect to
property existing or acquired in the
goods either before or after the
offence was committed.
(3) Nothing in this section shall prevent the court
from ordering the return to any person charged with a
summary conviction offence, or to any person named by the
court, of any property found in the possession of the person
so charged or in the possession of any other person for him,
or of any portion thereof, if the court is of opinion that that
property or any portion thereof can be returned consistently
with the interests of justice and with the safe custody or
otherwise of the person so charged.
Keeping the Peace
82. (1) Whenever a complaint is made by any person
against another to the effect that there is reason to fear that
the defendant will do the complainant some bodily injury, the
court may, if the complaint is established, order the defendant
to enter into a recognisance, with or without a surety or
sureties, to keep the peace and be of good behaviour towards
the complainant.
(2) This Act shall apply to the hearing of that
complaint, and the complainant and the defendant and the
witnesses may be called and examined and cross-examined,
and the complainant and the defendant shall respectively be
liable to the payment of costs, or of costs and compensation,
as in the case of any other complaint.

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Binding over
parties to be of
good
behaviour.
[13 of 1998]


Enforcement of
recognisance to
keep the peace
or to be of good
behaviour.
[21 of 1932]

Bringing up
person
imprisoned for
want of
sureties.
[21 of 1932]
(3) The court may order the defendant, in default
of compliance with the order of the court, to be imprisoned
for any term not exceeding twelve months.
83. The court shall have power, in any complaint
made for a summary conviction offence, whether the
complaint is dismissed or the defendant is convicted, to bind
both the complainant and the defendant, or either of them, to
be of good behaviour, and may order the complainant or the
defendant, in default of compliance with the order, to be
imprisoned for any term not exceeding six months.
84. (1) Where a surety to a recognisance to keep the
peace or to be of good behaviour has reason to suspect that
the person bound as principal has been or is about to be
guilty of conduct which was or would be a breach of the
conditions of the recognisance, he may make a complaint
before any magistrate having jurisdiction either in the place in
which the said person is or is believed by the complainant to
be or in the place where the court by which the recognisance
was ordered to be entered into was held, and that magistrate
may thereupon, if in his discretion he thinks fit, issue a
summons against the said person.
(2) The court before which the said person appears
in answer to any such summons may, as it thinks fit, either
order him to enter into a fresh recognisance, with or without
sureties, or deal with him in the same manner as if he were a
person who had failed to comply with an order to enter into a
recognisance and find sureties to keep the peace or to be of
good behaviour, and shall in either case order that the first
mentioned recognisance shall be discharged.
85. Every person imprisoned under either of the last
three preceding sections shall be brought before the High
Court whenever the prison in which he is confined is
delivered.

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Sanction of
compromise.

Power to make
order for
detention of
vagrants in
alms-house.
Form 44.

Time of
detention.

Power to order
discharge of
person
detained.

Discharge of
person
detained on
security being
given.
[6 of 1997]
86. The court may, in any case of breach of the peace,
sanction any compromise between the parties to the
complaint which it deems just and right.
Commitment of Vagrants and Rogues to Alms-house
87. Where any person is brought before the court
charged with having committed an offence against the
provisions of any Act relating to vagrants, or to rogues and
vagabonds, or to incorrigible rogues, and it appears to the
court that the person so charged is unable from physical
infirmity to maintain himself, and that he has no visible
means of subsistence, the court, instead of proceeding to hear
and determine that charge, may order that the person so
charged shall be forthwith conveyed to an alms-house and
there detained until he is discharged therefrom as hereinafter
provided.
88. Every person ordered to be so detained shall be
taken to an alms-house, and there detained until he is
discharged by the written order of a magistrate.
89. Every magistrate is hereby authorised to make an
order in writing directing the immediate discharge from an
alms-house of any person who has been so ordered to be
detained therein, if it appears to the magistrate that he has
become capable of earning his livelihood, and he shall be
discharged accordingly.
90. If any person enters into a bond in the sum of one
thousand six hundred and twenty-five dollars, before a
magistrate, that due provision shall be made for the future
maintenance of any person who has been so ordered to be
detained in an alms-house, the magistrate, if satisfied that the
person so entering into the bond has sufficient property to
enable him to maintain the person so ordered to be detained,
or to pay the said sum of one thousand six hundred twenty-
five dollars if the condition of the bond is not performed, shall
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Form 45.
Transfer to
hospital of
person
detained in
case of illness.


Arrest of
person
detained in
case of escape.


Provisions as to
certain
proceedings in
the court.
make an order in writing that the person so ordered to be
detained and mentioned in the bond shall be at once
discharged, and he shall be discharged accordingly.
91. If anyone so ordered to be detained in an alms-
house becomes so ill that, in the opinion of the medical officer
of the alms-house, he cannot be properly treated therein, the
officers of the alms-house, with the sanction of the Chief
Medical Officer, may cause the person to be conveyed to the
nearest public hospital for medical treatment therein; and the
person on his discharge from the hospital shall be taken back
to an alms-house and there detained as hereinbefore
mentioned.
92. Everyone, so ordered to be detained in an alms-
house, who leaves it, or any public hospital to which he has
been removed before he has been discharged as hereinbefore
mentioned, may be arrested, without warrant, by any police
or other constable and conveyed back to an alms-house, and
there detained as hereinbefore mentioned.
Saving of Validity of Process
93. The following provisions with respect to certain
proceedings in the court shall have effect:
(a) a warrant of commitment shall not be
held void by reason only of any defect
therein, if it is therein alleged that the
offender has been ordered to do or to
abstain from doing any act or thing
required to be done or left undone,
and there is a good and valid order to
sustain the allegation;
(b) a warrant of distress shall not be held
void by reason only of any defect
therein, if it is therein alleged that an
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No objection to
jurisdiction
unless taken at
hearing.


order has been made, and there is a
good and valid order to sustain the
allegation; and a person acting under
a warrant of distress shall not be
deemed a trespasser from the
beginning by reason only of any
defect in the warrant or of any
irregularity in the execution thereof;
but this enactment shall not prejudice
the right of any person to satisfaction
for any special damage caused by any
defect in, or irregularity in the
execution of, a warrant of distress, so,
however, that, if amends are tendered
before action brought, and, if the
action is brought, are paid into court
in the action, and the plaintiff does
not recover more than the sum so
tendered and paid into court, the
plaintiff shall not be entitled to any
costs incurred after the tender, and
the defendant shall be entitled to
costs, to be taxed as between counsel
and client; and
(c) a summons or warrant or other
process shall not be held void by
reason of the magistrate who signed it
dying or ceasing to hold office.
94. It shall not be competent for any person to
impeach, in any proceeding or in any other manner whatever,
any order made by the court on the hearing of a complaint on
the ground that the court had no jurisdiction to make the
order, unless that objection was taken on the hearing of the
complaint or at the time of the making of the order.

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Effect of
variation or
defect in
proceedings.


Proof of service
of process by
bailiff or
constable.
[51 of 1932]
Form 52.

Proof of service
of process.
Second
Schedule.
95. (1) In any cause in the court, no variance between
the complaint, or summons, or warrant and the evidence
adduced in support thereof as to the time at which the cause
of complaint is alleged to have arisen shall be deemed
material, if it is proved that the complaint was in fact made
within the time limited by law for making it; and no variance
between the complaint, or summons, or warrant and the
evidence adduced in support thereof as to the place in which
the cause of complaint is alleged to have arisen shall be
deemed material.
(2) No objection shall be taken or allowed, in any
proceeding in the court, to any complaint, summons, warrant,
or other process for any alleged defect therein in substance or
in form, or for any variance between any complaint or
summons and the evidence adduced in support thereof:
Provided that if any variance or defect mentioned in this
section appears to the court at the hearing to be such that the
defendant has been thereby deceived or misled, the court may
make any necessary amendments, and, if it is expedient to do
so, adjourn, upon such terms as it thinks fit, the further
hearing of the cause.
Proof of Process
96. (1) Where it becomes necessary to prove the
service of any summons, notice, order or other process
whatsoever issued under this Act which has been served by a
bailiff or constable a return of service in Form 52 in the
Schedule, purporting to be signed by the bailiff or constable,
shall be received in all courts as prima facie evidence of the
facts stated in the return without proof of the signature or
official character of the bailiff or constable.

(2) In every proceeding in the court in which it is
necessary to prove the service of any summons, notice, order,
or other process whatsoever of the court upon any person, it
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Form 53.


Proof of
previous
conviction.
[21 of 1932]

c. 9:01
shall be deemed to be sufficient proof of the service if the
person by whom the process has been served is duly sworn to
an affidavit of the service. The affidavit may be sworn by and
before any magistrate, justice of the peace, or, if authorised for
that purpose by the Chancellor, the clerk.
(3) The affidavit shall be received in evidence in
any proceeding in any court without proof of the signature or
of the official character of the person making it, or of the
person before whom it is made; and the onus of showing that
any service referred to in the affidavit was not made in
accordance with the tenor of the affidavit shall be on the party
objecting.
(4) Affidavits of service shall be numbered by the
clerk consecutively in the order in which they are received
and filed as of record in the court in which they are entitled;
and, in every case in which any such affidavit is used, it shall
be sufficient to note on the proceedings its number and the
court in which it is filed.
97. Where on the hearing of any complaint, it is
proposed to prove against the defendant the fact of a previous
conviction –
(a) a copy of the order of any
magistrate’s court in respect of the
former offence purporting to be
certified by the clerk of that court, or
(b) production of a copy of a warrant of
commitment reciting the conviction
purporting to be certified under the
hand of the keeper of the prison, or
production of a register kept under
section 5 of the Prevention of Crimes
Act, containing an entry of the
conviction, shall, upon proof of
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Mode of
enforcement.
Form 35.
Form 37.
Form 22.
Form 40.
Form 41.
identity of the person, be sufficient
evidence of the conviction.
Enforcement of Recognisance
98. (1) Where a recognisance is conditioned for the
appearance of any person before the court or for his doing
some other act or thing to be done in, to, or before the court or
in a proceeding in the court, the court may, if the
recognisance appears to be forfeited, declare it to be forfeited,
and order the sum due thereunder to be levied upon the
movable property of the person liable thereunder, in the same
manner as if the sum were a penalty adjudged by the court to
be paid, and were ascertained by an order:
Provided that (a) the court may at any time cancel or
mitigate the forfeiture upon the person liable under the
recognisance applying and giving security, to the satisfaction
of the court, for the future performance of the condition of the
recognisance, and paying, or giving security for the payment
of, the costs incurred in respect of the forfeiture, or upon any
other conditions the court thinks just; and (b) if it appears to
the court that a warrant of distress should not, under the
provisions hereinbefore contained, be issued against the
person liable under the recognisance, but that he has
immovable property, the court may, if it thinks fit, postpone
the issue of a warrant of commitment against him, and
transmit the recognisance to the Director of Public
Prosecutions in order that it may be put in suit against him.
(2) Where a recognisance to keep the peace and to
be of good behaviour, or not to do or commit some act or
thing, has been entered into by any person as principal or as a
surety before the court, the court may, on proof of the
conviction of the person bound as principal by the
recognisance of any offence which is by law a breach of the
condition thereof, by order adjudge the recognisance to be
forfeited and adjudge the persons bound thereby, whether as
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Form 38.
Form 39.
Form 23.


Appropriation
of penalties and
seizures.
[9 of 1933]
Dealing with
forfeiture not
pecuniary.

Remission by
President of
penalties.
[4 of 1972
principal or as sureties, or any of them, to pay the sums for
which they are respectively bound; and the recognisance shall
be dealt with in the manner hereinbefore mentioned.
(3) All sums paid or recovered in respect of any
recognisance declared or adjudged by the court in pursuance
of this section to be forfeited shall be paid to the clerk and
shall be paid over and accounted for in the same manner as
penalties imposed by the court.
Appropriation of penalties and seizures.
99. Subject to any power or authority vested in the
President to remit any fines, penalties, or forfeitures or to
restore any seizures, the amount of every fine and penalty
which shall be recovered in a court of summary jurisdiction
and the proceeds of every forfeiture and seizure made or
incurred subject to the process of the court shall be paid to the
Accountant General.
100. Subject to the express provisions of any written
law relating thereto, every forfeiture not pecuniary which is
incurred in respect of a summary conviction offence, or which
may be enforced by the court, may be sold or disposed of in
the manner directed by the court, and the proceeds of sale
shall be applied in the like manner as if the proceeds were a
penalty imposed under the law on which the proceeding for
the forfeiture is founded.
101. (1) The President may remit, in whole or in part,
any sum of money imposed as a penalty and as costs, charges,
and expenses in connection with the penalty, on any person
convicted of a summary conviction offence, although the
money may be, in whole or in part, due and payable, or has
already been paid, to the State for the public use or to some
party other than the State, and may exercise his power of
pardon in favour of any person who may be imprisoned for
non-payment of any sum of money so imposed, although the
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Effect of
acquiescence in
remission.


Payment of
sum adjudged
to be paid by
person
imprisoned in
default of
payment.


Keeping
account of
moneys
received.
Form 55.

Taking of
recognisance.
money may be, in whole or in part, payable to the State for
the public use, or to some party other than the State.
(2) The President may order the restoration of
anything forfeited, seized or detained in connection with a
summary conviction offence.
(3) Every remission or restoration aforesaid may be
made in the manner and subject to the terms and conditions
the President sees fit to direct.
102. Every person who accepts or acquiesces in any
remission or restoration aforesaid shall be thereby debarred
from having, maintaining, or continuing, any action or suit in
respect of any matter to which the remission or restoration
relates, and no further proceedings shall be taken against him
in relation to that matter.
103. Where any person, who is committed to prison
on any order for non-payment of any sum of money adjudged
to be paid by the order, desires to pay the money and costs
before the expiration of the time for which he has been so
ordered to be imprisoned by the warrant for his commitment,
he shall do so to the keeper of the prison in which he is so
imprisoned, and the keeper shall forthwith transmit a receipt
for the moneys to the magistrate of the court which has issued
the warrant of commitment.
104. Every magistrate and every keeper of a prison
shall keep a true and exact account of all moneys received by
him under this Act, and shall, within the first seven days of
every month, transmit a fair copy of that account for the
preceding month to the Accountant General.
105. Where a magistrate has made an order directing
or allowing any recognisance to be taken, and it is not
practicable or convenient for him to attend at the time and
place where the recognisance is to be taken, any other
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Record book of
proceedings.
Form 54.

Register of
minutes of
orders.

Custody of
records.
Use of forms in
Second
magistrate may attend and take the recognisance, which shall
thereafter have effect and be dealt with in the same manner as
if it had been taken by the first-mentioned magistrate.
Records
106. (1) The clerk shall keep a record book for his
court, in which shall be entered, in the proper columns
respectively, the number of the cause, the date of making the
complaint, the name of the complainant, the name of the
defendant and his age, if he is under fourteen years of age, the
substance of the complaint, the written law under which the
cause is tried, the date of adjudication, a minute of the
adjudication, the name of the magistrate adjudicating, and the
costs.
(2)If the court refuses to entertain or dismisses a
complaint, the clerk shall enter the refusal or dismissal, with
the grounds thereof, in the record book.
107. (1) The clerk shall keep a register of the minutes
or memoranda of all the orders of the court and of any other
proceedings directed by the Chancellor to be registered, and
with the particulars and in the form from time to time
directed by the Chancellor.
(2) The register, and also any extract therefrom
certified by the clerk to be a true extract, shall, in any
proceeding whatever in any court, be prima facie evidence of
the truth of all matters stated therein.
108. Every record book and register aforesaid shall
remain in the district and in the custody of the clerk.
Forms
109. Subject to any rules which may be made under
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Schedule.
c. 3:05


Form of
complaint,
summons,
warrant or
other
document.
[21 of 1932]
the Summary Jurisdiction (Magistrates) Act, the forms in the
Second Schedule may, with any variations and additions
which the circumstances of the particular case require, be
used in the matters to which they respectively apply, and,
when so used, shall be good and sufficient in law:
Provided that nothing in this section shall affect the use
and validity of any special forms of process in respect of
summary conviction offences given by any written law
relating to those offences.
110. The provisions of this Act relating to the form of
any complaint, summons, warrant or other document shall be
subject to the following rules:
(1) Every information, complaint, summons,
warrant or other document in connection with any
proceedings for an offence shall be sufficient if it contains a
statement of the specific offence with which the accused
person is charged together with such particulars as may be
necessary for giving reasonable information as to the nature
of the charge.
(2) The statement of the offence shall describe the
offence shortly in ordinary language, avoiding as far as
possible the use of technical terms, and without necessarily
stating all the essential elements of the offence, and if the
offence charged is one created by written law, shall contain a
reference to the section of the written law creating the offence.
(3) After the statement of the offence, necessary
particulars of the offence shall be set out in ordinary
language, in which the use of technical terms shall not be
required.
(4) Any information, complaint, summons,
warrant or other document to which this section applies
which is in such form as would have been sufficient in law if
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s. 61
[21 of 1978]

c.8:01

s. 109
[14 of 1959
O. 5/2007]
this Act had not been enacted shall notwithstanding anything
in this section continue to be sufficient in law.
--------------------
FIRST SCHEDULE
INDICTABLE OFFENCES BY ADULTS WHICH MAY BE
TRIED SUMMARILY
1. The offences specified for the purposes of section 61
are all indictable offences against any law with the exception
of indictable offences against the following provisions of the
Criminal Law (Offences) Act, namely: -
Sections 51, 52, 66, 67, 69, 70, 71, 76, 77, 80, 82, 84, 90, 94, 95,
98, 99, 100, 101, 102, 103, 104, 105, 131, 134, 138, 149, 150, 151,
152, 153, 154, 155, 210, 211, 314, 316, 317, 319, and 321.
2. Attempting to commit, or aiding, abetting,
counselling or procuring the commission of any offence
triable summarily under paragraph 1 or receiving, relieving,
comforting or assisting anyone who has committed any such
offence, being a felony.
--------------------
SECOND SCHEDULE
FORMS FOR USE IN PROCEEDINGS RELATING TO
SUMMARY CONVICTION OFFENCES
TABLE OF FORMS
PART I. – INSTITUTION OF PROCEEDINGS :
1. Complaint without oath.
2. Information upon oath.
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PART II. – ENFORCING APPEARANCE OF DEFENDANT :
3. Summons to defendant upon complaint or information.
4. Notice to defendant by member of the Police Force.
4A. Notice to defendant by member of the Police Force.
4B. Notice to defendant by member of the Police Force.
5A. Warrant of apprehension where defendant has disobeyed
summons.
5B. Warrant for apprehension of defendant in the first
instance.
PART III. – WITNESSES :
6. Summons to witness.
7. Warrant of apprehension where witness has disobeyed
summons.
8. Warrant for apprehension of witness in the first instance.
9. Warrant of commitment of witness for refusing to be sworn
or to give evidence.
PART IV. – CONVICTIONS AND ORDERS:
10. Conviction for penalty, and, in default of payment,
imprisonment.
11. Conviction where the punishment is by imprisonment.
12. Conviction for penalty to be levied by distress, and, in
default of distress, imprisonment.
13. Conviction where defendant is discharged conditionally
on giving security to appear or to be of good behaviour.
14. Order for payment of money, and, in default of payment,
imprisonment.
15. Order for payment of money to be levied by distress, and,
in default of distress, imprisonment.
16. Order for any other matter, where the disobeying of it is
punishable by imprisonment.
17. Order to enter into recognisance to keep the peace and be
of good behaviour.
18. Order of dismissal of complaint or information.
19. Order dismissing complaint or information, and directing
defendant to pay damages.
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PART V. – WARRANTS OF DISTRESS:
20. Warrant of distress on conviction for penalty.
21. Warrant of distress on order for payment of money.
22. Warrant of distress for sum due under recognisance
declared to be forfeited.
23. Warrant of distress for sum due under recognisance
adjudged to be forfeited by conviction of principal.
PART VI. - WARRANTS OF COMMITMENT :
24. Warrant of remand defendant when apprehended.
25. Warrant of commitment of defendant for safe custody
during an adjournment.
26. Warrant of commitment on conviction for penalty in the
first instance.
27. Warrant of commitment on conviction where the
punishment is by imprisonment.
28. Warrant of commitment on order in the first instance.
29. Warrant of commitment pending return to warrant of
distress.
30. Warrant of commitment for want of distress.
31. Warrant of commitment on order where the disobeying of
it is punishable by imprisonment.
32. Warrant of commitment for non-payment of costs upon
order of dismissal of complaint or information.
PART VII. – RECOGNISANCES :
33. Recognisance for appearance of defendant where the case
is adjourned or not at once proceeded with.
34. Notification to be made to defendant and his surety on
entering into that recognisance.
35. Recognisance for appearance, or for doing some other
thing in, to, or before, or in a proceeding in, a magistrate’s
court.
36. Recognisance to keep the peace and be of good behaviour,
or not to do or commit some act or thing.
37. Declaration of forfeiture of recognisance.
38. Summons to person bound by recognisance which is
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alleged to have been forfeited by conviction of principal.
39. Adjudication of forfeiture of recognisance where person
bound as principal has been convicted of an offence which is
a breach of the condition.
40. Oral or written acknowledgment of undertaking to
perform condition of forfeited recognisance.
41. Order cancelling or mitigating forfeiture of recognisance.
PART VIII. – SUMMARY TRIAL OF INDICATABLE
OFFENCES :
42. Summary conviction (on plea of guilty) of adult for
indictable offence.
43. Order of dismissal of adult dealt with summarily for
indictable offence.
PART IX. – MISCELLANEOUS FORMS:
44. Order for conveyance of vagrant to alms-house and
detention therein.
45. Recognisance for maintenance of vagrant ordered to be
detained in alms-house.
46. Certificate of dismissal of complaint or information.
47. Constable’s return to warrant of distress.
48. Constable’s account of costs and charges incurred in
execution of warrant of distress.
49. Order for restitution of property.
50. Search warrant.
51. Warrant on transfer of cause.
52. Return of service by a bailiff or constable.
53. Affidavit for use in proving service of process.
54. Record book of magistrate’s court.
55. Return by magistrate of fines, penalties, etc., received.
Note. – The words in the margin of a form, directed to be used in, addition to,
or substitution for, those in the text, or words to the like effect, are to be used
according to the circumstances of each case.

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s.4
(1) State
concisely the
substance of the
complaint.

s. 4
(1) or,
affirmation.
(2) State
concisely the
substance of
the
information.
(3) Add, for the
arrest of a
witness– And
he further saith
that E.F. of can
PART I
INSTITUTION OF PROCEEDINGS
FORMS
1.
Complaint without oath
IN THE ...................................MAGISTRATE’S COURT
A.B., Complainant,
v.
C.D., Defendant.
A.B., of.................... comes before me, the undersigned
magistrate for the ..................district, and complains against
C.D., of .................. for that the said C.D. (l)
............................and the said A.B. prays that the said C.D. may
be summoned to answer the said complaint.
(Signed)..............................
Complainant.
Exhibited before me this.................
day of ...............................20......,
at...............................................................
(Signed)............................................
...............Magistrate, ........................District.
2.
Information upon oath
IN THE ...................................MAGISTRATE’S COURT
A.B., Complainant,
v.
C.D., Defendant.
The information of A.B., of.....................who saith on his
oath (1) that C.D., of .....................................(2) ............................
(3) ...........................................................................................

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give material
evidence, but is
not likely to
attend
voluntarily; or,
and wilfully
avoids service
of the
summons.
(4) Or, if a
warrant is
desired in the
first instance –
may be
apprehended
for the said
offence, and
dealt with
according to
law.
(5) Or for
sureties for the
peace – And he
lays this
information for
the safety of his
person and
property, and
not from malice
or revenge
against the said
C.D. Add, for the
arrest of a
witness – And
he further
prays that the
said E.F. may
be
apprehended
and brought
before the court
to give
evidence.
And the said A.B. prays that the said C.D. may be
summoned to answer the said information (4)........................
(5)..................................
(Signed)..............................
Informant
Taken before me this...............
day of ....................................20......,
at .......................................................
(Signed)..............................
..............................Magistrate, .....................District.

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s.11
(1) State
concisely the
substance of the
complaint [or
information.].

s. 8
PART II
ENFORCING APPEARANCE OF DEFENDANT
3.
Summons to defendant upon complaint or information
IN THE ...................................MAGISTRATE’S COURT
A.B., Complainant,[or Informant]
v.
C.D., Defendant.
To C.D., of ..........................................
Whereas complaint has this day been made [or
information has this day been laid] before me, the
undersigned magistrate for the ....................district, for that
you (1)......................................This is to command you to be
and appear at .........o’clock, ......m., on...........day the
...................day of .....................20......., at .....................before the
magistrate in the said court, to answer the said complaint [or
information], and to be further dealt with according to law.
Dated this ................day of ........................20......
(Signed)..............................
......................Magistrate, .......................District
FORM 4
Case No............................20...... No............................
NOTICE TO DEFENDANT BY MEMBER OF THE POLICE
FORCE
IN THE.......................MAGISTRATE’S COURT
To...................................................................
of....................................................................
WHEREAS a complaint will be made by me to the Magistrate
of the ...........................................................Magisterial District
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that you ................................ on .....................day, the
..............................day
of .............................20........, in the ...................................
Magisterial District* ........................................................................
.........................................................................................................
.........................................................................................................
This is to require you to be and appear at 9.00 o’clock
a.m. on the date shown below, at the undermentioned
Magistrate’s Court to answer the complaint and to be further
dealt with according to law.
................................................
Dated......................................
Date of appearance:
....................day of .........................20.....
at.................................................Magistrate’s Court.
READ THE BACK OF THIS NOTICE CAREFULLY AND
BRING THIS NOTICE WITH YOU.
READ CAREFULLY
If you admit committing the offence for which you are
hereby given notice and wish to plead GUILTY you may
cause this notice to be submitted within seven days of the
date thereof, and pay the prescribed penalty, to the clerk of
the abovementioned Magistrate’s Court. In that event the
prosecution of the case against you will be discontinued.
APPEARANCE, PLEA OF GUILTY
I, the undersigned do hereby enter my appearance in
respect of the offence stated on the face of this notice. I
PLEAD GUILTY to the said offence, WAIVE my right to a
HEARING by the court and AGREE to pay the penalty
prescribed by law.
...........................................
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s. 8
(Defendant’s Signature)
.......................................
(Address)
GENERAL RECEIPT NO.........................DATED..........................
__________
FORM 4A
Case No............................20......
NOTICE TO DEFENDANT BY MEMBER OF THE POLICE
FORCE
DRIVER’S LICENCE No.
IN THE.......................MAGISTRATE’S COURT
To...................................................................
of....................................................................
WHEREAS a complaint will be made by me to the
Magistrate of the ...........................................................Magisterial
District that you ................................ on .....................day, the
..............................day of .............................20........, in the
................................... Magisterial District drove or in control of
motor vehicle registration number............................. and
committed the offence as indicated in the table hereunder.
Under the Motor Vehicles and Road Traffic Act, Cap. 51:02
(ONE CHARGE PER COMPLAINT)
Driving uncertified motor vehicle – section
15
$5,000
Driving motor vehicle without a driver’s
licence – section 23(1)
$5,000
Failing to produce driver’s licence – section
23 (2)
$5,000
Refusing to declare present address –
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section 23 (3) $5,000
Breaching of conditions of provisional
licence – section 25(2)
$5,000
Speeding (Exceeding Speed limit)
...........km/h – section 34(1)
$7,500
Permitting more than one trailer to be
drawn – section 41
$5,000
Failing to stop when required by police in
uniform – section 43(3)
$7,500
Leaving motor vehicle in dangerous
position – section 59
$5,000
This is to require you to be and appear at 9.00 o’clock
a.m. on the date shown below, at the undermentioned
Magistrate’s Court to answer the complaint and to be further
dealt with according to law.
................................................
Dated
Date of appearance:
....................day of .........................20......
at.................................................Magistrate’s Court.
READ THE BACK OF THIS NOTICE CAREFULLY AND
BRING THIS NOTICE WITH YOU.
READ CAREFULLY
If you admit committing the offence for which you are
hereby given notice and wish to plead GUILTY you may
cause this notice to be submitted within seven days of the
date thereof, and pay the prescribed penalty, to the clerk of
the abovementioned Magistrate’s Court. In that event the
prosecution of the case against you will be discontinued.
The prescribed penalty may be ascertained on enquiry at
any Magistrate’s Court Office or Police Station.

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s. 8
APPEARANCE, PLEA OF GUILTY
I, the undersigned do hereby enter my appearance in
respect of the offence stated on the face of this notice. I
PLEAD GUILTY to the said offence, WAIVE my right to
HEARING by the court and AGREE to pay the penalty
prescribed by law.
...........................................
(Defendant’s Signature)
..........................................................................
(Address)
GENERAL RECEIPT NO.........................DATED..........................
_________

FORM 4B
Case No............................20......
NOTICE TO DEFENDANT BY MEMBER OF THE POLICE
FORCE
DRIVER’S LICENCE No.
IN THE.......................MAGISTRATE’S COURT
To...................................................................
of....................................................................
WHEREAS a complaint will be made by me to the
Magistrate of the ...........................................................Magisterial
District that you ................................ on .....................day, the
..............................day of .............................20........, in the
................................... Magisterial District drove or in control of
motor vehicle registration number............................. and
committed the offence as indicated in the table hereunder.
Under the Motor Vehicles and Road Traffic Regulations, Cap.
51:02, Subsidiary Legislation.
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No efficient Speedometer (hire car, motor
Reg. 64 $5,000
No efficient automatic wind-screen wiper –
No silencer – Reg. 60 $5,000
Reg. 59 $5,000
No warning appliance on motor vehicle –
No reflecting mirror – Reg. 57 $5,000
No parking brakes – Reg. 52 $5,000
hours of darkness – Reg. 37 $5,000
Failing to carry lamp on hand-cart during
Reg.36(b) $5,000
Unlighted animal drawn vehicle (rear) –
Reg. 36(a) $5,000
Unlighted animal drawn vehicle (front) –
35(b) $5,000
Unlighted motor cycle/bicycle (rear) – Reg.
35(a) $5,000
Unlighted motor cycle/bicycle (front) – Reg.
34(1)(b) $5,000
Unlighted motor vehicle (rear) – Reg.
34(1)(a) $5,000
Unlighted motor vehicle (front) – Reg.
Vehicle- Reg. 16(1) $5,000
Failing to exhibit licence for a Motor
Reg. 13 $5,000
Failing to exhibit certificate of fitness for –
Regulations – Reg. 19 of 1972, Cap. 51:02 $5,000
Motorcycles (Protective Helmets)
helmet-breach of Reg.3 (2) and (3) of the
Driver carrying pillion-rider without safety
Regulations – Reg. 19 of 1972, Cap. 51:02 $5,000
Motorcycles (Protective Helmets)
breach of Reg. 3(1) and (3) of the
Driving motor cycle without safety helmet-
(ONE CHARGE PER COMPLAINT)

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lorry, motor bus) – Reg. 65 $5,000
Unnecessary sounding of horn – Reg. 108 $5,000
No trailer to be drawn by bus/hire car –
Reg. 119
$5,000
Carrying more persons than the permitted
number – Reg. 164(1)(a)
$5,000
More persons on front seat than the
number fixed to be carried thereon (hire
car/motor bus) – Reg. 164(1)(b)
$5,000
Conductor (overload) – Reg. 164(1)(a),(b)
and (2)
$5,000
Conduct of driver and conductor (breach) –
Reg. 166
$5,000
Conduct of Passenger (breach) – Reg. 167 $5,000
Stopping within thirty feet from any corner $5,000
No efficient brakes on bicycle and tricycle –
Reg. 194
$5,000
No warning appliance on bicycle and
tricycle – Reg. 195
$5,000
This is to require you to be and appear at 9.00 o’clock
a.m. on the date shown below, at the undermentioned
Magistrate’s Court to answer the complaint and to be further
dealt with according to law.
................................................
Dated
Date of appearance:
....................day of .........................20......
at.................................................Magistrate’s Court.
READ THE BACK OF THIS NOTICE CAREFULLY AND
BRING THIS NOTICE WITH YOU.
READ CAREFULLY
If you admit committing the offence for which you are
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s.13
(1) State
concisely the
substance of the
complaint [or
hereby given notice and wish to plead GUILTY you may
cause this notice to be submitted within seven days of the
date thereof, and pay the prescribed penalty, to the clerk of
the abovementioned Magistrate’s Court. In that event the
prosecution of the case against you will be discontinued.
The prescribed penalty may be ascertained on enquiry at
any Magistrate’s Court Office or Police Station.
APPEARANCE, PLEA OF GUILTY
I, the undersigned do hereby enter my appearance in
respect of the offence stated on the face of this notice. I
PLEAD GUILTY to the said offence, WAIVE my right to
HEARING by the court and AGREE to pay the penalty
prescribed by law.
...........................................
(Defendant’s Signature)
..........................................................................
(Address)
GENERAL RECEIPT NO.........................DATED..........................
5A.
Warrant of apprehension where defendant has disobeyed summons.
IN THE ...................................MAGISTRATE’S COURT
A.B., Complainant,[or Informant]
v.
C.D., Defendant.
To .........................................Police [or other] Constable.
Whereas on the..................day of ..........................20......,
complaint was made [or information was laid] before me, the
undersigned magistrate for the ...........................district, for
that C.D. (1).................. And whereas I then issued my
summons to the said C.D. commanding him to be and appear
[etc., as in the summons]; And whereas the said C.D. has
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information].

s.14
(1) State
concisely the
substance of the
information.
neglected to be or appear at the time and place so appointed
in and by the said summons, although it has been proved to
me, upon oath, that the said summons has been duly served
upon the said C.D.: – This is to command you forthwith to
apprehend the said C.D., and to bring him before the
magistrate in the said court, to answer the said complaint [or
information], and to be further dealt with according to law.
Dated this ..................day of ...........................20.....
(Signed)............................
..................Magistrate,.....................District
5B.
Warrant for apprehension of defendant in the first instance.
IN THE.......................................MAGISTRATE’S COURT
A.B., Informant.
v.
C.D., Defendant.
To .............................. Police [or other] Constable.
Whereas information has this day been laid before me,
the under- signed magistrate for the .......................district, for
that C.D., (1)................................... and oath having been made
before me substantiating the matter of that information: - This
is to command you forthwith to apprehend the said C.D., and
to bring him before the magistrate in the said court, to answer
the said information, and to be further dealt with according to
law.
Dated this ..............day of ..........................20......
(Signed)............................
....................Magistrate, .....................District

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s.15
(1) State
concisely the
substance of the
complaint [or
information].
(2) or
defendant.

s.17
PART III
WITNESSES
6.
Summons to Witness.
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
To E.F., of ................................................................................
Whereas complaint has been made [or information has
been laid] before me, the undersigned magistrate for the
.......................... district, for that C.D., (1) ...........................and it
has been made to appear to me that you are likely to give
material evidence on behalf of the complainant (2) in this
behalf:–This is to require you to be and appear
at...........o’clock, .....m. on............day, the .......................... day of
............................20......., at ....................... before the magistrate
in the said court, to testify what you know concerning the
matter of the said complaint [or information].
Dated this .................day of .......................... 20.....
(Signed)..............................
..................Magistrate,.....................District.
7.
Warrant of apprehension where witness has disobeyed summons.
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
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(1) State
concisely the
substance of the
complaint [or
information].
(2) or
defendant.
(3) or that the
said E.F.
wilfully avoids
the said service
of summons.
(4) or is ready
to be paid or
tendered.

s.18

To..................................police [or other] Constable.
Whereas complaint has been made [or information has
been laid] before me, the undersigned magistrate for the
..........................district, for that C.D. (1)............................... and
it having been made to appear to me that E.F., of
......................................was likely to give material evidence on
behalf of the complainant (2), I duly issued my summons to
the said E.F., requiring him to be and appear [etc., as in the
summons]; And whereas the said E.F. has neglected to be and
appear at the time and place so appointed in and by the said
summons, and no just excuse has been offered for that
neglect; And whereas proof has been made before me, upon
oath, that the said summons has been duly served upon the
said E.F. (3), that the said E.F. is likely to give material
evidence as aforesaid, and that a reasonable sum has been
paid or tendered (4) to him for his expenses in this behalf:–
This is to command you forthwith to apprehend the said E.F.,
and to bring him at...........o’clock, .....m., on.................day,
the.....................day of .............................20......, at.........................
before the magistrate in the said court, to testify what he
knows concerning the matter of the said complaint [or
information], and to be further dealt with according to law.
Dated this...................day of.......................20......
(Signed)...........................
................Magistrate,....................District.
8.
Warrant for apprehension of witness in the first instance.
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
To..................................police [or other] Constable
Whereas complaint has been made [or information has
been laid] before me, the undersigned magistrate for
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(1) State
concisely the
substance of the
complaint [or
information].
(2) or informant
or defendant.


s.21
(1) State
concisely the
substance of the
complaint [or
information].
(2) Or
affirmation.
the..........................district, for that C.D. (l) ...............................
and it being made to appear to me, upon oath, that E.F., of
..................................is likely to give material evidence on
behalf of the complainant (2), and it is probable that the said
E.F. will not attend to give evidence without being compelled
so to do:–This is to command you forthwith to apprehend the
said E.F., and to bring him at..........o’clock,......m., on...............
day, the ...................day of..........................20......., at ....................
before the magistrate in the said court, to testify what he
knows concerning the matter of the said complaint [or
information], and to be further dealt with according to law.
Dated this..................day of .......................20.......
(Signed)..............................
.............Magistrate,....................District.
9.
Warrant of commitment of witness for refusing to be sworn or to
give evidence.
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
To...................Police [or other] Constable, and to the Keeper
of.......................Prison.
Whereas complaint has been made [or information has
been laid] before me, the undersigned magistrate for
the...........................district, for that C.D. (1)..........................and
one E.F. now appearing before me in the said court on
the..................day of...........................20......, at...................and,
being required by me to make oath (2) as a witness in that
behalf, has refused so to do [or being duly sworn as a witness
in the matter of the said complaint [or information] has
refused to answer a certain question concerning the said
matter, which was put to him], without offering any just
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 91
L.R.O. 1/2012
s.36

(1) State
concisely the
substance of the
complaint [or
information].
(2) State the
penalty, and also
the
compensation, if
any.
(3) Or on or
before the
excuse for his refusal:–This is to command you, the said
constable, forthwith to convey the said E.F. to
the.............................prison, and there deliver him to the
keeper of the said prison, together with this warrant; And I
hereby command you, the said keeper, to receive the said E.F.
into your custody in the said prison, and there imprison him,
for that his contempt, for the term of..................days, unless he
shall in the meantime consent to do what was so required of
him; And for your so doing, this shall be your sufficient
warrant.
Dated this..............day of..........................20.......
(Signed)..............................
.................Magistrate,.....................District.
PART IV
CONVICTIONS AND ORDERS
10.
Conviction for penalty and, in default of payment, imprisonment
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
The..............day of........................20......
C.D. (hereinafter called the defendant) is this day
convicted before the said court for that he (l)
......................................And it is adjudged that the defendant
do, for his said offence, forfeit and pay the sum of
(2)........................to be paid and applied according to law; and
do also pay to the said A.B. the sum of.......................for his
costs in this behalf; And if the said several sums be not paid
forthwith (3)................................ it is adjudged that the
defendant be imprisoned in the..............................prison for the
LAWS OF GUYANA
92 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
day of
20 .
s.36
(1) State
concisely the
substance of the
complaint [or,
information].
(2) or on or
before the
day of
20 .
s.47
term of ........................unless the said several sums shall be
sooner paid.
(Signed)........................
..................Magistrate,.....................District.
11.
Conviction where the punishment is by imprisonment
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
The ................day of .........................20.......
C.D. (hereinafter called the defendant) is this day
convicted before the said court for that he (l)
..................................And it is adjudged that defendant be, for
his said offence, imprisoned in the...................... prison for the
term of ...........................and do also pay to the said A.B. the
sum of....................................for his costs in this behalf; And if
the said sum for costs be not paid forthwith (2)
...........................then it is adjudged that the defendant be
imprisoned in the.........................prison for the term
of........................to commence at and from the termination of
his imprisonment aforesaid, unless the said sum for costs
shall be sooner paid.
(Signed)............................
................Magistrate, .................... District.
12.
Conviction for penalty to be levied by distress and, in default of
distress, imprisonment
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 93
L.R.O. 1/2012
(1) State
concisely the
substance of the
complaint or
information.
(2) State the
penalty, and also
the
compensation, if
any.
(3) Or on or
before the
day of
20 .

v.
C.D., Defendant.
The ................day of .........................20.......
C.D. (hereinafter called the defendant) is this day
convicted before the said court for that he
(1)........................And it is adjudged that the defendant do, for
his said offence, forfeit and pay the sum of
(2)................................to be paid and applied according to law;
And do also pay to the said A.B. the sum of .................for his
costs in this behalf; And if the said several sums be not paid
forthwith (3)..........................* it is ordered that the same be
levied by distress and sale of the movable property of the
defendant; And in default of sufficient distress,* it is adjudged
that the defendant be imprisoned in the.......................prison
for the term of.............unless the said several sums, and all
costs and charges of the said distress [and of the
commitment], shall be sooner paid.
(Signed)..............................
...............Magistrate,..................... District.
* Or where the issuing of a distress warrant would be ruinous to the
defendant or his family, or it appears that he has no moveable
property whereon to levy a distress, then, instead of the words
between * *, say, “then inasmuch as it has now been made to
appear to the said Court that the issuing of a warrant of
distress in this behalf would be more injurious to the
defendant or his family than imprisonment [or that the
defendant has no moveable property whereon to levy the said
sums by way of distress] it is adjudged” [etc., as above to the
end]

LAWS OF GUYANA
94 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
s.42
(1) State
concisely the
substance of the
complaint [or
information].
(2) or, any other
than a nominal
punishment.
(3) or to be of
good
behaviour.
(4) or on or
before the
day of
20 , or by
instalments of,
etc.
ss. 36 and 60
13.
Conviction where defendant is discharged conditionally on giving
security to appear or to be of good behaviour
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
The ................day of .........................20.......
C.D. (hereinafter called the defendant) is this day
convicted before the said court for that he
(l)..............................But the court being of opinion that the said
offence was of so trifling a nature that it is inexpedient to
inflict any punishment (2)..................and the defendant having
given security, to the satisfaction of the court, to appear for
sentence when called upon (3) ...........................he is
discharged; And it is ordered that the defendant do pay to the
said A.B. the sum of ....................for damages, and the sum
of..................for costs [if so ordered] forthwith (4)
...................................And if default is made [proceed as in
conviction for penalty, and, in default of payment, imprisonment].
(Signed).......................
.....................Magistrate,...................... District

14.
Order for payment of money, and in default of payment,
imprisonment
IN THE MAGISTRATE’S COURT
A.B., Complainant,
v.
C.D., Defendant.
A.B. having made a complaint that C.D. (hereinafter

LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 95
L.R.O. 1/2012
(1) State
concisely the
substance of the
complaint.
(2) or on or
before the
day of
20 , or as the
law may
require.
(3) or on or
before the
day of
20 .


s.47


(1) State
concisely the
substance of the
complaint.
called the defendant) (l)......................................And both the
said parties having appeared before the said court [or the said
A.B. having appeared before the said court, but the defendant,
although duly called, not having appeared by himself or his
counsel; And it having been satisfactorily proved to the said
court, upon oath, that the defendant has been duly served
with the summons in this behalf, which required him to be
and appear here on this day before the said court to answer
the said complaint, and to be further dealt with according to
law]; And now the court having heard the matter of the said
complaint, it is adjudged that the defendant do pay to the said
A.B. the sum of....................... forthwith (2)...................And do
also pay to the said A.B. the sum of ..........................for his
costs in this behalf; And if the said several sums be not paid
forthwith (3)....................it is adjudged that the defendant be
imprisoned in the...........................prison for the term of
........................unless the said several sums, and all costs and
charges of the commitment, shall be sooner paid.
Dated this...............day of........................ 20......
(Signed).......................
.................Magistrate,....................District.
15.
Order for payment of money to be levied by distress and, in default
of distress, imprisonment
IN THE MAGISTRATE’S COURT
A.B., Complainant,
v.
C.D., Defendant.
A.B. having made a complaint that C.D. (hereinafter
called the defendant) (1)......................................And both the
said parties having appeared before the said court, [or the said
A.B. having appeared before the said court, but the defendant,
although duly called, not having appeared by himself or his
counsel; And it having been satisfactorily proved to the said
court, upon oath, that the defendant has been duly served
LAWS OF GUYANA
96 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012

(2) or on or
before the
day of
20


s.60
with the summons in this behalf, which required him to be
and appear here on this day before the said court to answer
the said complaint, and to be further dealt with according to
law]; And now the court having heard the matter of the said
complaint, it is adjudged that the defendant do pay the said
A.B. the sum of................And do also pay to the said A.B. the
sum of.................................for his costs in this behalf; And if the
said several sums be not paid forthwith (2).......................* it is
hereby ordered that the same be levied by distress and sale of
the movable property of the defendant; And, in default of
sufficient distress in that behalf,* it is adjudged that the
defendant be imprisoned in the........................... prison for the
term of ........................unless the said several sums; and all
costs and charges of the said distress [and of the
commitment], shall be sooner paid.
Dated this............day of......................20......
(Signed)............................
....................Magistrate,....................District.
* Or where the issuing of a distress warrant would be ruinous to the
defendant or his family, or it appears that he has no moveable
property whereon to levy a distress, then, instead of the words
between * *, say, “then inasmuch as it has now been made to
appear to the said Court that the issuing of a warrant of
distress in this behalf would be more injurious to the
defendant or his family than imprisonment [or that the
defendant has no moveable property whereon to levy the said
sums by way of distress] it is adjudged” [etc., as above to the
end]
16.
Order for any other matter, where the disobeying of it is punishable
by imprisonment
IN THE MAGISTRATE’S COURT
A.B., Complainant,
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 97
L.R.O. 1/2012
(1) State
concisely the
substance of the
complaint.
(2) Or on or
before the
day of
20


v.
C.D., Defendant.
A.B. having made a complaint that C.D. (hereinafter
called the defendant) (1)....................................And both the
said parties having appeared before the said court [or the said
A.B. having appeared before the said court, but the defendant,
although duly called, not having appeared by himself or his
counsel; And it having been satisfactorily proved to the said
court, upon oath, that the defendant has been duly served
with the summons in this behalf, which required him to be
and appear here on this day before the said court to answer
the said complaint, and to be further dealt with according to
law]; And now the court having heard the matter of the said
complaint, it is adjudged that the defendant do [here state the
matter required to be done]; And if, upon a copy of a minute of
this order being served upon the defendant, either personally
or by leaving the same for him at his last or most usual place
of abode, he shall refuse or neglect to obey the same, in that
case it is adjudged that the defendant, for that his
disobedience, be imprisoned in the..................................prison
for the term of..........................[unless the said order be sooner
obeyed, if the written law authorises this]; And it is also
adjudged that the defendant do pay to the said A.B. the sum
of ..............................for his costs in this behalf; And if the said
sum for costs be not paid forthwith (2).......................it is
adjudged that the defendant be imprisoned in the said prison
for the term of .............................to commence at and from the
termination of his imprisonment aforesaid, unless the said
sum for costs, and all costs and charges of the commitment,
shall be sooner paid.
Dated this...........day of...........................20......
(Signed).........................
................Magistrate,......................District

LAWS OF GUYANA
98 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
s.81

(1) State
concisely the
substance of the
complaint.
(2) or on or
before the
day of
20 , or by
instalments of,
etc.

17.
Order to enter into recognizance to keep the peace and be of good
behaviour
IN THE MAGISTRATE’S COURT
A.B., Complainant,
v.
C.D., Defendant.
A.B. having made a complaint that C.D. (hereinafter
called the defendant) (l).....................................And both the
said parties having appeared before the said court, and the
court having heard the matter of the said complaint, it is
adjudged that the defendant do forthwith, to the satisfaction
of .............................enter into a recognisance in the sum
of................................with.....................surety.............in the sum
of ................................[each] to keep the peace and be of good
behaviour, and especially towards the said A.B., for the term
of.....................; And if the defendant fails to comply with this
order, it is adjudged that he be imprisoned in
the............................ prison for the term of ...........................
unless he sooner complies with this order.
[If costs are ordered, proceed as follows:] And it is also
adjudged that the defendant do pay to the said A.B. the sum
of............................ for his costs in this behalf; And if the said
sum for costs be not paid forthwith (2)................................it is
adjudged that the defendant be imprisoned in the said prison
for the term of ......................... to commence at and from the
termination of his imprisonment aforesaid, unless the said
sum for costs, and all costs and charges of the commitment,
shall be sooner paid.
Dated this........day of........................ 20.....
(Signed).............................
................Magistrate,.....................District.

LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 99
L.R.O. 1/2012
ss. 31 and 36

(1) State
concisely the
substance of the
complaint or
information.

(2) or on or
before the
day of
20 .
18.
Order of dismissal of complaint or information
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
A.B. having made a complaint [or laid an information]
that C.D. (hereinafter called the defendant) (l)
................................And both the said parties having appeared
before the said court in order that it should hear and
determine the said complaint [or information] [or the
defendant having appeared before the said court, but the said
A.B., although duly called, not having appeared by himself or
his counsel] whereupon the matter of the said complaint [or
information] being by the said court duly considered, [it
manifestly appears to the said court that the said complaint
[or information] is not proved, and*], the court therefore
dismisses the same [and adjudges that the said A.B. do pay to
the defendant the sum of ...........................as compensation for
his trouble and expense in this behalf, and also the sum
of..............................for his costs incurred by him in his defence
in this behalf; And if the said several sums be not paid
forthwith (2)............. it is adjudged that the said A.B. be
imprisoned in the............................ prison for the term
of........................unless the said several sums, and all costs and
charges of the commitment, shall be sooner paid].
Dated this.................day of .........................20......
(Signed)...........................
.....................Magistrate,.....................District.

LAWS OF GUYANA
100 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
s.42
(1) State
concisely the
substance of the
complaint or
information.
s.47
19.
Order dismissing complaint or information, and directing defendant
to pay damages
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
C.D. (hereinafter called the defendant) has been charged
on the complaint [or information] of A.B. for that he
(1)...........................And the matter of the said complaint [or
information] being by the said court duly considered, and the
said court being of opinion that, though the said complaint [or
information] is proved, the offence was of so trifling a nature
that it is inexpedient to inflict any punishment, the court
therefore dismisses the said complaint [or information].
[If payment of damages or costs is ordered, proceed as follows:]
And it is ordered that the defendant do pay to the said
A.B.................................for damages, and....................for costs;
And if the said several sums be not paid [proceed as in form 18].
Dated this.............day of.....................20......
(Signed)...........................
...............Magistrate,.....................District.
PART V
WARRANTS OF DISTRESS
20.
Warrant of distress on conviction for penalty
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 101
L.R.O. 1/2012
(1) or, on the
day of
20 .
(2) State
concisely the
substance of the
complaint or
information as in
the conviction.

v.
C.D., Defendant.
To..............................Police [or other] Constable.
Whereas C.D. (hereinafter called the defendant) was this
day (1).....................convicted before the said court for that he
(2).............................And it was thereby adjudged that the
defendant should, for that his offence, forfeit and pay [etc., as
in the conviction], and should also pay to the said A.B. the sum
of......................for his costs in that behalf; And it was thereby
ordered that if the said several sums should not be paid
[forthwith], they should be levied by distress and sale of the
movable property of the defendant; And it was thereby also
adjudged that, in default of sufficient distress the defendant
should be imprisoned in the........................prison for the term
of............................... unless the said several sums, and all costs
and charges of the said distress [and of the commitment]
should be sooner paid; And whereas the defendant, being so
convicted as aforesaid, and being [now] required to pay the
said sums of...................and...................has not paid the same
or any part thereof, but therein has made default:–This is to
command you forthwith to make distress of the movable
property of the defendant (except the wearing apparel and
bedding of him and his family, and, to the value of one
hundred dollars, the tools and implements of his trade); And
if, within the space of *..............................days next after the
making of that distress, the said sums, together with the
reasonable charges of taking and keeping the said distress,
shall not be paid, then to sell the said moveable property by
you distrained, and pay the money arising therefrom to [the
magistrate or other person specified] in order that it may be
applied according to law, and that the overplus, if any, may
be rendered on demand, to the defendant; And if no such
distress can be found, then to certify the same to the said
court, in order that further proceedings may be had according
to law.
Dated this...............day of .......................20.....
(Signed).............................
..................Magistrate, ....................District.
property is not to
to be sold until
after the expiration
of three days next
after the day on
which it is seized
unless the defendant
otherwise consents
in writing.
*NOTE - the
LAWS OF GUYANA
102 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
s.47
(1) State the
substance of the
complaint, as in
the order.
21.
Warrant of distress on order for payment of money
IN THE MAGISTRATE’S COURT
A.B., Complainant,
v.
C.D., Defendant.
To........................Police [or other] Constable.
Whereas on the...............day of..........................20......,
complaint was made before me, the undersigned magistrate
for the............................district, for that C.D. (hereinafter called
the defendant) (l).....................and both the said parties having
appeared before the said court [or as in the order]; And the said
court having considered the matter of the said complaint, it
was adjudged that the defendant should pay to the said A.B.
the sum of.......................... and should also pay to the said A.B.
the sum of .....................for his costs in that behalf; And it was
thereby ordered that if the said several sums should not be
paid on or before the...................day of............................20......,
they should be levied by distress and sale of the movable
property of the defendant; And it was thereby also adjudged
that, in default of sufficient distress in that behalf, the
defendant should be imprisoned in the..................prison for
the term of.............................unless the said several sums, and
all costs and charges of the distress [and of the commitment]
should be sooner paid; And whereas the time by the said
order appointed for the payment of the said several sums
of...................and...............has elapsed, but the defendant has
not paid them or any part thereof, but therein has made
default:–This is to command you forthwith to make distress
of the movable property of the defendant (except the wearing
apparel and bedding of him and his family, and, to the value
of one hundred dollars, the tools and implements of his
trade); And if, within the space of * .............................days after
the making of that distress, the said last-mentioned sums,
together with the reasonable charges of taking and keeping
the said distress, shall not be paid, then to sell the said
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 103
L.R.O. 1/2012
s. 98
(1) State the
condition of the
recognisance.
movable property by you distrained, and pay the money
arising therefrom to [the magistrate or other person specified] in
order that it may be applied according to law, and that the
overplus, if any, may be rendered, on demand, to the said
defendant; And if no such distress can be found, then to
certify the fact to the said court, in order that further
proceedings may be had according to law.
Dated this ................day of......................20......
(Signed).........................
.................Magistrate,.....................District.
* NOTE- The property is not to be sold after the expiration of three
days next after the day on which it is seized, unless the defendant
otherwise consents in writing.
22.
Warrant of distress for sum due under recognizance declared to be
forfeited
IN THE MAGISTRATE’S COURT
To.....................Police [or other] Constable.
Whereas........................was, by his recognisance entered
into the..............day of..........................20........, bound in the sum
of......................the condition of his recognisance being
that.........................should (1) ........................And whereas
default having been made in compliance with the said
condition, the said recognisance was, on the..................day
of...........................20....., declared by the said court to be
forfeited; And whereas the said ...................................has made
default in payment of the sum due under the said
recognisance:–This is to command you forthwith to make
distress of the movable property of the said
.....................(except the wearing apparel and bedding of him
LAWS OF GUYANA
104 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012

s. 98(2)
and his family, and, to the value of one hundred dollars, the
tools and implements of his trade), and if, within the space of*
.....................days next after the making of that distress, the
sum of....................being the sum stated at the foot of this
warrant to be due under the said recognisance, together with
the reasonable costs and charges of the making and keeping
of the said distress, be not paid, then to sell the said movable
property by you distrained, and pay the money arising
therefrom to [the magistrate or other person specified] in order
that it may be applied according to law, and that the
overplus, if any, may be rendered on demand to the said
...................And if no such distress can be found, then to
certify the same to the said court, in order that further
proceedings may be had according to law.
Dated this.................day of.......................20......
(Signed)............................
...................Magistrate,.....................District.
Amount due under recognisance......................
Paid......................................................................
$ c.
Remaining due...................................................
Costs of issuing warrant......................................

Total amount to be levied........................

* See note to Form 20
23
Warrant of distress for sum due under recognizance adjudged to be
forfeited by conviction of principal
IN THE MAGISTRATE’S COURT
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 105
L.R.O. 1/2012

(1) State the
condition of the
recognisance.
(2) State the
offence concisely.

s.14

To.....................Police [or other] Constable.
Whereas C.D. (hereinafter called the defendant) was, by
his recognisance entered into the.................day
of.......................20......, bound in the sum of.................the
condition of the recognisance being that the defendant should
(l).....................And whereas the defendant having been
convicted of the offence of having (2)......................being
offence which is in law a breach of the said condition, it was,
on the..................day of......................20......, adjudged by the
said court that the said recognisance was forfeited, and that
the defendant should pay to [the magistrate or other person
specified]the said sum of................and should also pay
to........................the sum of.........................for costs; And it was
ordered that the said sums should be paid [as in the order], and
that, if default should be made in payment according to the
said adjudication and order, the sums due thereunder should
be levied by distress and sale of the movable property of the
defendant; And whereas default has been made in payment
according to the said adjudication and order:–This is to
command you [proceed as in last form].
Dated this.................day of........................20......
(Signed).............................
....................Magistrate, ...................District.
PART VI
WARRANTS OF COMMITMENT
24.
Warrant to remand defendant when apprehended
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
LAWS OF GUYANA
106 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
(1) State
concisely the
substance of the
complaint or
information.
s. 33

To..................................Police [or other] Constable, and to the
Keeper of................................Prison.
Whereas on the....................day of..........................20......,
complaint was made [or information was laid] before me, the
undersigned magistrate for the........................district, for that
C.D. (1)................................And whereas the said C.D. has been
apprehended under and by virtue of a warrant upon such
complaint [or information], and is now brought before me as
the magistrate aforesaid:–This is to command you, the said
constable, forthwith to convey the said C.D. to
the.................................. prison, and there deliver him to the
keeper of the said prison, together with this warrant; And I
hereby command you, the said keeper, to receive the said
C.D. into your custody in the said prison, and there safely
keep him until..............day, the......................day
of............................20....... when you are hereby required to
cause him, the said C.D., to be conveyed and be
at..........................at..............of the clock in the.............noon of
the same day, before the magistrate in the said court, to
answer the said complaint [or information], and to be further
dealt with according to law.
Dated this.....................day of ..........................20.......
(Signed)...................................
....................Magistrate,.....................District.
25.
Warrant of commitment of defendant for safe custody during an
adjournment
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
To.............................Police [or other] Constable and to the
Keeper of.............................Prison.
Whereas on the.....................day of........................20.....,
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 107
L.R.O. 1/2012
(1) State
concisely the
substance of the
complaint or
information.


s. 52
(1) State the
substance of the
complaint or
information as in
complaint was made [or information was laid] before me, the
undersigned magistrate for the................................district, for
that C.D. (1)........................And whereas the hearing of the
same is adjourned to................day, the.....................20......,at
the...............of the clock in the.............noon, at ..............and it is
necessary that the said C.D. should in the meantime, be kept
in safe custody:–This is to command you, the said constable,
forthwith to convey the said C.D. to the ..........................prison,
and there deliver him to the keeper of the said prison,
together with this warrant; And I hereby command you, the
said keeper, to receive the said C.D. into your custody in the
said prison, and there safely keep him until the
said..................day of..........................20......., when you are
hereby required to cause him, the said C.D., to be conveyed
and be, at the time and place to which the said hearing is so
adjourned as aforesaid, before the magistrate in the said
court, to answer further the said complaint [or information],
and to be further dealt with according to law.
Dated this...............day of.............................20.......
(Signed)..............................
........................Magistrate,.....................District.

26.
Warrant of commitment on conviction for penalty in the first
instance
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
To...............................Police [or other] Constable and to the
Keeper of ..............................Prison.
C.D.(hereinafter called the defendant) was this day
convicted before the said court for that he
(l).......................................And it was thereby adjudged that the
defendant should, for such offence, forfeit and pay the sum of
...................... [etc., as in the conviction],and should also pay to
LAWS OF GUYANA
108 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
the conviction
(2) or, on or
before the day
of
20 .

s.37
the said A.B. the sum of...................................for his costs in
that behalf; And it was further adjudged that if the said
several sums should not be paid forthwith
(2)..................................the defendant should be imprisoned in
the..................................prison for the term
of....................................unless the said several sums [and the
costs and charges of the commitment] should be sooner paid;
And whereas the time by the said conviction appointed for
the payment of the said several sums has elapsed, but the
defendant has not paid the same or any part thereof, but
therein has made default:–This is to command you, the said
constable, to take the defendant and him safely to convey to
the said prison, and there deliver him to the keeper thereof,
together with this warrant; And I hereby command you, the
said keeper, to receive the defendant into your custody in the
said prison, and there imprison him for the term of
....................unless the said several sums [and the costs and
charges of the commitment, amounting to the further sum
of.........................] shall be sooner paid; And for your so doing,
this shall be your sufficient warrant.
Dated this..................day of ..........................20.......
(Signed).............................
.....................Magistrate,.......................District

27.
Warrant of commitment on conviction where the punishment is by
imprisonment
IN THE MAGISTRATE’S COURT
A.B., Complainant,
v.
C.D., Defendant.
To...................................Police [or other] Constable, and to the
Keeper of...................................Prison.
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 109
L.R.O. 1/2012
(1) State the
substance of the
complaint or
information as in
the conviction

s. 60
(1) State the
substance of the
complaint as in
the order.

C.D. (hereinafter called the defendant) was this day
convicted before the said court for that he (l)
...........................And it was thereby adjudged that the
defendant should, for that his offence, be imprisoned in
the...............................prison for the term of..................:–This is
to command you, the said constable, to take the defendant
and him safely to convey to the said prison, and there deliver
him to the keeper thereof, together with this warrant; And I
hereby command you, the said keeper, to receive the
defendant into your custody in the said prison, and there
imprison him for the term of .................; And for your so
doing, this shall be your sufficient warrant.
Dated this.................day of.......................20.......
(Signed)...........................
.................Magistrate,.....................District.
28.
Warrant of commitment on order in the first instance
IN THE MAGISTRATE’S COURT
A.B., Complainant,
v.
C.D., Defendant.
To...................................Police [or other] Constable, and to the
Keeper of..........................Prison.
Whereas on the...............day of.......................20......,
complaint was made before me, the undersigned magistrate
for the..........................district, for that C.D.
(1)..........................and both the said parties having appeared
before the said court [or as it may be in the order]; And the
said court having considered the matter of the said complaint,
it was adjudged that the said C.D. should pay to the said A.B.
the sum of..............................and should also pay to the said
A.B. the sum of.................................for his costs in that behalf;
And it was thereby also ordered that if the said several sums
LAWS OF GUYANA
110 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
s. 48

(1)State the
substance of the
complaint or
information as in
the conviction.
should not be paid on or before the....................day of
......................20......., the said C.D. should be imprisoned in
the...............................prison for the term of
..........................unless the said several sums should be sooner
paid; And whereas the time by the said order appointed for
the payment of the said several sums of money has elapsed,
but the said C.D. has not paid them or any part thereof, but
herein has made default:–This is to command you, the said
constable, to take the said C.D. and him safely to convey to
the said prison, and there deliver him to the keeper thereof,
together with this warrant; And I hereby command you, the
said keeper, to receive the said C.D. into your custody in the
said prison, and there imprison him for the term
of..................................unless the said several sums [and the
costs and charges of the commitment, amounting to the
further sum of.................................] shall be sooner paid; And
for your so doing this shall be your sufficient warrant.
Dated this................day of........................20.......
(Signed)..........................
...................Magistrate,.....................District.
29.
Warrant of commitment pending return to warrant of distress
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
To.................................Police [or other] Constable, and to the
Keeper of ...............................Prison.
C.D. (hereinafter called the defendant) was, on
the.................day of.........................20......., convicted before the
said court for that he (l)..................................And whereas,
default having been made in payment according to the said
adjudication and order, a warrant of distress has been issued
against the defendant in pursuance of the said conviction, but
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 111
L.R.O. 1/2012


s.49
no return has been made thereto; And whereas the defendant
has not given security to the satisfaction of the court for his
appearance at the time and place appointed for the return of
the said warrant of distress:–This is to command you, the said
constable, to take the defendant and him safely to convey to
...............................prison, and there deliver him to the keeper
thereof, together with this warrant And I hereby command
you, the said keeper, to receive the defendant into your
custody in the said prison, and there safely keep him
until............day, the..................day of.............................20......,
being the day appointed for the return of the said warrant of
distress, unless he previously enters into a recognisance in the
sum of............with............surety................in the sum
of......................... [each] conditioned for his appearance on that
day, and on that day, if he has not then been released by
virtue of having entered into the recognisance, to cause him to
be conveyed and be at .....................of the clock in
the...............noon, before the magistrate in
the said court, to be further dealt with according to law.
Dated this...............day of...........................20.......
(Signed).............................
....................Magistrate,.....................District.

30.
Warrant of commitment for want of distress
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
To................................Police [or other] Constable, and to the
Keeper of................................Prison.
Whereas [etc.,as in one of the warrants of distress in Part V.to
“has made default” and then thus;] And whereas afterwards,
on the....................day of........................20......., I, the said
magistrate, issued a warrant to...........................commanding
LAWS OF GUYANA
112 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
s. 60


(1) State the
substance of the
him to levy the said sums of......................and................ by
distress and sale of the movable property of the defendant;
And whereas it appears to me, as well by the return of the
said constable to the said warrant of distress as otherwise,
that the said constable has made diligent search for the
movable property of the defendant, but that no sufficient
distress whereon to levy the said several sums could be
found:–This is to command you, the said constable, to take
the defendant, and him safely to convey to
the.....................................prison, and there deliver him to the
keeper thereof, together with this warrant; And I hereby
command you, the said keeper, to receive the defendant into
your custody in the said prison, and there imprison him for
the term of ..........................unless the said several sums, and
all costs and charges of the said distress [and of the
commitment], amounting to the further sum
of.......................shall be sooner paid; And for your so doing,
this shall be your sufficient warrant.
Dated this............day of.......................20.......
(Signed)..............................
.................Magistrate,..................... District.
31

Warrant of commitment on order where the disobeying of it is
punishable by imprisonment
IN THE MAGISTRATE’S COURT
A.B., Complainant,
v.
C.D., Defendant.
To.................................Police [or other] Constable, and to the
Keeper of..........................Prison.
Whereas on the..................day of.............................20.......,
complaint was made before me, the undersigned magistrate
for the............................district, for that C.D. (l).............................
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 113
L.R.O. 1/2012
complaint as in
the order.


(2) or, on or
before the
day of
20 .
And both the said parties having appeared before the said
court [or as it may be in the order]; And the said court having
considered the matter of the said complaint, it was adjudged
that the defendant should [etc., as in the order]; And it was also
adjudged that if, upon a copy of a minute of the said order
being served upon the defendant, either personally or by
leaving the same for him at his last or most usual place of
abode, he should refuse or neglect to obey the same, in that
case the defendant should, for that his disobedience, be
imprisoned in the ...............................prison for the term
of.....................[unless the said order should be sooner obeyed];
And it was also adjudged that the defendant should pay to
the said A.B. the sum of.................................. for his costs in
that behalf; And it was ordered that if the said sum for costs
should not be paid forthwith (2).........................................the
defendant should be imprisoned in the said prison for the
term of ....................................to commence at and from the
termination of his imprisonment aforesaid, unless the said
sum for costs [and the costs and charges of the commitment]
should be sooner paid; And whereas it is now proved to me
that, after the making of the said order, a copy of a minute
thereof was duly served upon the defendant, but he then
refused [or neglected] to obey, and has not as yet obeyed, the
order; And whereas the time appointed by the said order for
the payment of the said sum for costs has elapsed, but the
defendant has not paid the said sum or any part thereof, but
therein has made default:–This is to command you, the said
constable, to take the defendant and him safely to convey to
the said prison, and there deliver him to the keeper thereof,
together with this warrant; And I hereby command you, the
said keeper, to receive the defendant into your custody in the
said prison, and there imprison him for the term
of...............................; And further, on the termination of his
imprisonment aforesaid, to imprison him for the term
of...................................unless the said sum for costs [and the
costs and charges of the commitment, amounting to the
further sum of....................................]shall be sooner paid; And
for your so doing, this shall be your sufficient warrant.
LAWS OF GUYANA
114 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
s. 43
(1) State the
substance of the
complaint as in
the order.
(2) or, on
or before the
day of
20 .

Dated this.................day of...........................20.......
(Signed)..............................
.................Magistrate,.....................District.
32.
Warrant of commitment for non-payment of costs upon order of
dismissal of complaint or information
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
To.............................Police [or other] Constable, and to the
Keeper of ..............................Prison.
Whereas on the................day of ..........................20......,
complaint was made [or information was laid] before me, the
undersigned magistrate for the.......................................district,
for that C.D. (l)..........................and both the said parties having
appeared before the said court [or as it may be in the order];
And thereupon the matter of the said complaint [or
information] having been by the said court duly considered,
and it manifestly appearing to the said court that the said
complaint [or information] was not proved, the said court
therefore dismissed the same, and adjudged that the said A.B.
should pay to the said C.D. the sum of............................for his
costs incurred by him in his defence in that behalf; And it was
ordered that if the said sum for costs should not be paid
forthwith (2)............................... the said A.B. should be
imprisoned in the....................................prison for the term
of........................................unless the said sum should be sooner
paid; And whereas the time appointed by the said order for
the payment of the said sum has elapsed, but the said A.B. has
not paid it or any part of it, but therein has made default:–
This is to command you, the said constable, to take the said
A.B. and him safely to convey to the said prison, and there
deliver him to the keeper thereof, together with this warrant;
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 115
L.R.O. 1/2012

s. 31
And I hereby command you, the said keeper, to receive the
said A.B. into your custody in the said prison, and there
imprison him for the term of...................... unless the said sum
[and the costs and charges of the commitment, amounting to
the further sum of..................................] shall be sooner paid;
And for your so doing, this shall be your sufficient warrant.
Dated this.................day of..........................20.......
(Signed).............................
...................Magistrate,.....................District.
PART VII
RECOGNISANCES
33.
Recognisance for appearance of defendant where the cause is
adjourned or not at once proceeded with
IN THE MAGISTRATE’S COURT
Be it remembered that on the..................day
of...........................20......., C.D., of.............................and G.H.,
of................................. personally came before me, the
undersigned magistrate for the................................district, and
severally acknowledged themselves to owe to the State of
Guyana the several sums following, namely, the said C.D., as
principal, the sum of .......................................and the said G.H.,
as surety, the sum of .............................to be levied on their
several movable and immovable property respectively, if the
said C.D. fails in the condition hereon endorsed.
Taken and acknowledged the day and year first
abovementioned before me,
(Signed)..............................
.....................Magistrate,.................... District.

LAWS OF GUYANA
116 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012

s. 31

s. 98
Condition endorsed
The condition of the within-written recognisance is that if
the within-bounden C.D. appears on.............day,
the......................dayof.........................20......,at.......o’clock,......m.,
at...................... before the magistrate in the said court, to
answer further the complaint made [or the information laid]
against him by A.B., and to be further dealt with according to
law, then the said recognisance shall be void, but otherwise
shall remain in full force.
34.
Notification to be made to defendant and his surety on entering into
such recognizance
Take notice that you, C.D., are bound, as principal, in the
sum of.......................and you, G.H., as surety, in the sum of
...................... that you, C.D., personally appear on
.....................day, the.......................day of....................20.....
at.......o’clock,........m., at.................... before the magistrate in
the said court, to answer further a certain complaint [or
information] of A.B., the further hearing of which was
adjourned to the said time and place, and to be further dealt
with according to law, and unless you, C.D., appear
accordingly, the recognisance entered into by you, C.D., as
principal, and by you, G.H., as his surety, will forthwith be
levied on you severally.
Dated this................day of........................20.......
(Signed)..............................
......................Magistrate,.....................District.
35.
Recognisance for appearance, or for doing some other thing in, to, or
before, or in a proceeding in, a magistrate’s court
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 117
L.R.O. 1/2012

IN THE MAGISTRATE’S COURT
We, the undersigned, C.D., of......................G.H.,
of...................... and J.K., of.............................severally
acknowledge ourselves to owe to the State of Guyana the
several sums following, namely, the said C.D., as principal,
the sum of...............................and the said G.H. and J.K, as
sureties, the sum of...................................each, to be levied on
our several movable and immovable property respectively, if
the said C.D. fails in the condition hereon endorsed.
...................................
(Signed, where not taken orally.)
C.D.
G.H.
J.K.
Taken [orally] before me this..................day of
........................20.......
(Signed)..............................
....................Magistrate,.....................District.
Note. – Where the recognizance is taken orally, omit the words “the
undersigned.” and insert the word “orally” after “taken.”
Condition endorsed
The condition of the within-written recognisance is that if
the within-bounden C.D. appears on..................day,
the.......................day of......................20......, at.................of the
clock in the......noon, at .............................before the magistrate
in the said court, to answer [further] the complaint made [or
the information laid] against him by A.B., and to be further
dealt with according to law, [or appears before the said court
sitting at .......................for sentence when called upon, or as the
case may be] then the said recognisance shall be void, but
otherwise shall remain in full force.

LAWS OF GUYANA
118 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
s.82
36.
Recognisance to keep the peace and be of good behaviour, or not to
do or commit some act or thing
IN THE MAGISTRATE’S COURT
We, the undersigned, C.D., of.................................... G.H.,
of................................ and J.K, of.........................severally
acknowledge ourselves to owe to the State of Guyana the
several sums following, namely, the said C.D., as principal,
the sum of......................................and the said G.H. and J.K, as
sureties, the sum of .................................each, to be levied on
our several movable and immovable property respectively, if
the said C.D. fails in the condition hereon endorsed.
...................................
(Signed, where not taken orally.)
C.D.
G.H.
J.K.
Taken [orally] before me this...................day
of..................20......
(Signed)..............................
.................Magistrate,................District.
NOTE.–See note to form 35.
Condition endorsed
The condition of the within-written recognisance is that if
the within-bounden C.D. keeps the peace and is of good
behaviour, and especially towards A.B., of .............................
for the term of.........................now next ensuing, [or abstains
from doing the thing forbidden, or as the case may be] then
the said recognisance shall be void, but otherwise shall
remain in full force.

LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 119
L.R.O. 1/2012
s. 98
s. 98(2)


s. 98(2)
37.
Declaration of forfeiture or recognizance*
IN THE MAGISTRATE’S COURT
The.................day of........................20........
The said C.D. not having appeared [or as the case may be]
in accordance with the said condition, this court declares that
the within-written recognisance is forfeited.
(Signed)..............................
...................Magistrate,.....................District.
38.
Summons to person bound by recognisance which is alleged to have
been forfeited by conviction of principal
IN THE MAGISTRATE’S COURT
To..............................................of...............................................
........You are hereby summoned to appear on................day,
the.......................day of...........................20........, at........
o’clock.......m., at................................before the magistrate in the
said court, to show cause why the recognisance entered into
the................day of........................20......, whereby you are
bound to pay the sum of ..................................should not be
adjudged to be forfeited, and why you should not be
adjudged to pay that sum.
Dated this..................day of........................20......
(Signed)...........................
....................Magistrate,.....................District.
39.
Adjudication of forfeiture of recognisance where person bound as
principal has been convicted of an offence which is a breach of the
condition
LAWS OF GUYANA
120 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
(1) State the
condition of the
recognisance.
(2) State the
offence concisely.
(3) or, on or
before the .
day of
20 .

IN THE MAGISTRATE’S COURT
The ....................day of..........................20.......
C.D. (hereinafter called the defendant) was, by his
recognisance entered into the...................day
of...........................20......, bound in the sum
of..................................the condition of the said recognisance
being that the defendant should (l)................................And
proof having been given that the defendant has been
convicted of the offence of having (2)............................being an
offence which is in law a breach of the condition of the said
recognisance:– therefore it is adjudged that the recognisance
is forfeited, and that the defendant do pay to [the magistrate
or other persons specified] the sum of............................ and do
also pay to.................................the sum of................................ for
costs; And it is ordered that the said sums be paid forthwith
(3).................................And if default is made in payment
according to this adjudication and order, *it is ordered that
the said sus be levied by distress and sale of the movable
property of the defendant; And, in default of sufficient
distress,* it is adjudged that the defendant be imprisoned in
the...............................prison for the term of...................................
unless the said several sums, and all costs and charges of the
said distress [and of the commitment], shall be sooner paid.
(Signed)...........................
....................Magistrate,.....................District.
* Or where the issuing of a distress warrant would be ruinous to the
defendant or his family, or it appears that he has no moveable
property whereon to levy a distress, then, instead of the words
between * *, say, “then inasmuch as it has now been made to
appear to the said Court that the issuing of a warrant of
distress in this behalf would be more injurious to the
defendant or his family than imprisonment [or that the
defendant has no moveable property whereon to levy the said
sums by way of distress] it is adjudged” [etc., as above to the
end]

LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 121
L.R.O. 1/2012
s. 98
(1) State the
condition of the
recognisance.
40.
Oral or written acknowledgment of undertaking to perform
condition of forfeited recognisance
IN THE MAGISTRATE’S COURT
C.D. was, by his recognisance entered into
the...............day of............................20......., bound in the sum of
................................... the condition of the recognisance being
that the said C.D. should (1)...............................And default
having been made in performance of this condition, the
recognisance was, on the..................day of
...........................20......, declared to be forfeited, and the said
C.D. not having paid the said sum, a warrant of distress was,
on the...................day of.........................20......, issued for
recovery thereof, but no movable property has been sold
under the warrant; And the said C.D. has applied to the said
court to cancel or mitigate the forfeiture:–Now, therefore, I,
the said C.D., as principal, and we, G.H., of.........................and
J.K, of..............................as sureties [or I, G.H., of
.................................as surety] hereby undertake that the
condition of the said recognizance shall be duly performed
[and also that the said C.D. shall, on or before
the......................day of..........................20......., pay the sum
of............................ for costs incurred in respect of the said
forfeiture;] And I, the said principal, and we, the said sureties
[or I, the said surety] hereby severally acknowledge ourselves
bound to forfeit and pay to [the magistrate or other persons
specified] the sum of.............................in case the said principal
fails to perform the condition of the said recognisance.
........................................
(Signed, where not taken orally.)
C.D.
G.H.
[J.K.]
Taken [orally] before me this..................day of.................20.......
(Signed)..............................
.....................Magistrate,....................District.
LAWS OF GUYANA
122 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
s.98
s. 61

41.
Order cancelling or mitigating forfeiture of recognisance
IN THE MAGISTRATE’S COURT
A warrant of distress was, on the................day
of........................20......, issued for levying the sum
of..............................declared to be forfeited under the within-
written recognisance, but no movable property has been sold
thereunder; And the said............................ has applied to this
court to cancel [or mitigate] the forfeiture of the said
recognisance, and has given security, to the satisfaction of the
court, for the future performance of the condition of the said
recognisance, and has paid [or given security for payment of]
the costs incurred in respect of the forfeiture thereof [or insert
such other conditions as the court thinks just]:-Therefore the said
forfeiture is hereby cancelled [or mitigated to the sum
of.........................]
Dated this...............day of......................20......
(Signed)...........................
....................Magistrate,.....................District.
PART VIII
SUMMARY TRIAL OF INDICTABLE OFFENCES
42.
Summary conviction (on plea of guilty) of adult for indictable
offence
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
The ..................day of........................20.......
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 123
L.R.O. 1/2012
(1) State
concisely the
substance of the
complaint or
information.
c. 10:02

s. 64

(1) State
concisely the
substance of the
complaint or
information.
c. 10:02
C.D. (hereinafter called the defendant), having been
charged for that he (1)...............................and having pleaded
guilty to the said charge; And the court being satisfied that
the case is one which may properly be dealt with summarily
under the Summary Jurisdiction (Procedure) Act:–The
defendant is this day convicted before the said court of the
said offence, and it is adjudged that he be, for his said offence,
imprisoned in the.................................prison for the term
of..................................[If costs are ordered, proceed as in conviction
for penalty and, in default of payment, imprisonment.]
(Signed)............................
...................Magistrate,.....................District.
43.
Order of dismissal of adult dealt with summarily for indictable
offence
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
v.
C.D., Defendant.
C.D. (hereafter called the defendant), having been
charged on the complaint [or information] of A.B. for that he
(l)...........................and, having been informed by the court of
his right to be tried by a jury, consented to be dealt with
summarily under the Summary Jurisdiction (Procedure) Act,
and the court thought it expedient so to deal with the case;
And the matter of the said complaint [or information] having
been by the said court duly considered, it manifestly appears
to the said court that the said complaint [or information] is not
proved:–Therefore the court doth hereby dismiss the said
complaint [or information]. [If costs, or costs and compensation,
are ordered, proceed as in form 18.]
Dated this.................day of...........................20......
(Signed).............................
.................Magistrate,......................District
LAWS OF GUYANA
124 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
s.87

(1) State the
substance of the
charge, which
must for an
offence referred
to in section 87.
c. 10:02

s. 90

PART IX
MISCELLANEOUS FORMS
44.
Order for conveyance of vagrant to alms-house and detention
therein
IN THE MAGISTRATE’S COURT
Whereas C.D. was, on the...................day
of.............................20...... brought before me the undersigned
magistrate for the......................... district charged for that he,
the said C.D. (l).................................And whereas it has been
made to appear to me that the said C.D. is unable from
physical infirmity to maintain.........self, and has no visible
means of subsistence:–Now, therefore, under the provisions
of the Summary Jurisdiction (Procedure) Act, I do order that
the said C.D. shall be forthwith conveyed to an alms-house,
and there detained until discharged in due course of law.
Dated this................day of.......................20.....
(Signed)..........................
.....................Magistrate,....................District
45.
Recognisance for maintenance of vagrant ordered to be detained in
alms-house
IN THE MAGISTRATE’S COURT
Be it remembered that on the...................day
of...............................20........., E.F., of............................personally
came before me, the undersigned magistrate for
the......................................district, and acknowledged himself
to owe to the State of Guyana the sum of twenty-five dollars,
to be levied on his movable and immovable property, if he,
the said E.F., fails in the condition hereon endorsed.
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 125
L.R.O. 1/2012
s. 35

(1) State
concisely the
substance of the
complaint or
information.
s. 49
Taken and acknowledged the day and year first above-
mentioned before me.
(Signed)..............................
....................Magistrate,.....................District.
Condition endorsed
The condition of the within-written recognisance is that if
C.D., of ..................................who is now detained in an alms-
house under an order made on the...............day
of...........................20......, by......................Esquire, magistrate for
the.....................district, is properly maintained and does not
commit any offence against the provisions of any Act relating
to vagrants, or to rogues and vagabonds, or to incorrigible
rogues, then the said recognisance shall be void, but
otherwise shall remain in full force.
46.
Certificate of dismissal of complaint or information
IN THE MAGISTRATE’S COURT
I hereby certify that a complaint made [or an information
laid] by A.B. against C.D. for that he (l).......................was, on
the.................... day of........................20......., considered by the
said Court, and was by the said court dismissed [with costs].
Dated this............day of....................20........
(Signed) ..........................
....................Magistrate,.....................District.
47.
Constable’s return to warrant of distress
IN THE MAGISTRATE’S COURT
A.B., Complainant, [or Informant]
LAWS OF GUYANA
126 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012

s. 50
v.
C.D., Defendant.
I,.................................the police [or...................] constable
charged with the execution of the warrant of distress in the
above-mentioned case, do hereby certify to the said court that,
by virtue of the said warrant, I have made diligent search for
the movable property of the above-mentioned defendant; and
that I can find no sufficient movable property of the said
defendant whereon to levy the sum mentioned in the said
warrant.
Dated this..............day of.....................20......
(Signed).............................
Police [or................] Constable.
48.
Constable’s account of costs and charges incurred in execution of
warrant of distress
IN THE MAGISTRATE’S COURT
A.B., Complainant [or Informant]
v.
C.D., Defendant.
I,.....................................the police [or...................] constable
charged with the execution of the warrant of distress in the
above-mentioned case upon the movable property of
..................dated the.................day of......................20......, hereby
declare that the following is a true account of the costs and
charges incurred in respect of the execution of the said
warrant.
$ c.
Total
Dated this..............day of.....................20......
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 127
L.R.O. 1/2012

s. 81
(1) State the
substance of the
complaint or
information and
describe the
goods as in the
conviction.
(2) or, on or
before the .
day of
20 .
s. 10


(1) Insert
description of the
things to be
searched for and
of the offence in
respect of which
the search is
made.
(Signed).............................
Police [or................] Constable.
49.
Order for restitution of property
IN THE MAGISTRATE’S COURT
C.D. was charged before the said court for that he
(1)..................... And the said C.D. has been this day convicted
before the said court of the offence with which he was so
charged; And it is proved to the said Court that the said
goods are now in the possession of ................................
of..............................:–Therefore it is hereby ordered that the
said.........................do forthwith (2).............................restore the
said goods to the said...............................the owner thereof.
Dated this...............day of......................20......
(Signed) ..........................
....................Magistrate,.....................District.
50.
Search warrant
DISTRICT
To......................................Police [or other] Constable.
Whereas it appears, on the oath of A.B., of ..................that
there is reason to suspect that (l).......................are concealed
in.................at.................:–This is therefore to authorise and
require you to enter, between the hours of...........................
and....................into the said premises, and to search for the
said things, and to bring them before me or some other
magistrate.
Dated this..............day of.........................20......
(Signed)...........................
LAWS OF GUYANA
128 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
s. 32

(1) State
concisely the
substance of the
complaint or
information.
....................Magistrate,.....................District.
NOTE.–The warrant must be executed between five in the forenoon and
eight in the afternoon, unless the magistrate otherwise directs.
51.
Warrant on transfer of cause
IN THE MAGISTRATE’S COURT
A.B., Complainant [or Informant]
v.
C.D., Defendant.
To...........................Police [or other] Constable.
Whereas on the..................day of........................20.......
complaint was made [or information was laid] before me, the
under-signed magistrate for the.................................district, for
that C.D. (1)........................And whereas, on the hearing of the
said complaint [or information] it appeared that the cause of
complaint arose out of the limits of the jurisdiction of the said
court, and the said court, being satisfied that it has no
jurisdiction, has directed the cause to be transferred to the
court having jurisdiction where the cause of complaint arose,
that is to say, to the........................magistrate’s court:–This is
therefore to command you, the said constable, forthwith to
convey the said C.D. before the magistrate of the said court, to
answer the said complaint [or information], and to be further
dealt with according to law.
Dated this................day of......................20......
(Signed).............................
....................Magistrate,.....................District.


LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 129
L.R.O. 1/2012
s. 96(1)

s. 96
52.
(as substituted by 51 of 1932)
Return of Service by a Bailiff or Constable
In the........................Judicial District Magistrate’s Court.
Between
Plaintiff,
Complainant, or
Informant
and
I, (1)..................................., (2) .................................... hereby
certify that on the...................day of.......................20...... at (3)
.........................I served (4) ........................, a true copy of which
is annexed hereto, on (5)............................................................ ......
..............................of (6)........................................................... by (7)
.....................................................................
Dated this.................day of........................, 20.......
(Signed).........................
(1) Full names.
(2) Official position (bailiff, police or other constable, etc.).
(3) Place where process served.
(4) State nature of process served (summons, order. etc.).
(5) Name of person on whom process served.
(6) Address of person served.
(7) State mode of service.
53.
Affidavit for use in proving service of process
No.
Return of service of process in respect of summary
conviction offences causes for the..............................
magistrate’s court.

LAWS OF GUYANA
130 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012

s. 106
Name of
Complaint
Name of
defendant
Document
served
Date of
service
Place
of
service
Mode of
service

I do swear that the above return of service is true and in
accordance with the facts of the service.
(Signed).........................
Deponent
Sworn before me by the above-mentioned deponent
................................... this......................day...........................20......
(Signed).........................
................Magistrate,..................District [or as the case maybe].
NOTE.–In filling up the several columns it will be sufficient to write:–
in the column one and column two, the initials of forenames, giving
surnames in full; and
in column six, the words “personally,” or on “wife,” “son,” “daughter,”
“attorney,” “agent,” “clerk,” or “servant,” as the case may require.
54.
Record book of magistrate’s court
Record Book of summary conviction offences causes in
the.............................magistrate’s court from the................... day
of...........................20....., to the..................day of
.........................20......

LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 131
L.R.O. 1/2012
s. 106

c. 10:02
N o
. o f
ca u
se .
D a
te o
f m
ak in
g c
o m
p la
in t.
N am
e o
f co
m p
la in
an t.
N am
e o
f d
ef en
d an
t, a
n d
ag e,
i f
u n
d er
f o
u rt
ee n
.
S u
b st
a n
ce o
f co
m p
la in
t.
S ta
tu te
u n
d er
w h
ic h
c au
se
is t
ri ed
.
D a
te o
f ad
ju d
ic at
io n
.
M in
u te
o f
ad ju
d ic
at io
n .
M ag
is tr
at e
ad ju
d ic
at in
g .
C o
st s.

55.
Return of moneys received
Monthly return of the magistrate of
.................................district [or of the keeper of
the.......................prison] under the Summary Jurisdiction
(Procedure) Act, of all moneys received and when and to
whom paid, from the...................day of..............................20......,
to the ..................day of .........................20........

LAWS OF GUYANA
132 Cap. 10:02 Summary Jurisdiction (Procedure)
L.R.O. 1/2012
N am
e o
f p
er so
n c
o n
v ic
te d
.
D at
e o
f co
n v
ic ti
o n
o rd
er .
O ff
en ce
s.
C o
st s.
A m
o u
n t
th er
eo f.
F in
e.
A m
o u
n t
th er
eo f
p ai
d t
o
p ar
ti es
.
N am
es o
f p
ar ti
es .
A m
o u
n t
o f
fi n
e re
ce iv
ed a
n d
p ai
d t
o A
cc o
u n
ta n
t G
en er
al
P u
n is
h m
en t
w h
en f
in e
n o
t
p ai
d .
N am
e o
f co
n v
ic ti
n g
m ag
is tr
at e.
Reasons for
non-
payment or
other
observations

__________________

LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 133
L.R.O. 1/2012
SUBSIDIARY LEGISLATION
_________________
O. 98/1970
168/1974
22/1988
27/1988
5/2007
MINOR OFFENCES (PENALTIES) ORDER
made under section 8(2) and (3)
Citation.
Penalties.


c. 51:02

1. This Order may be cited as the Minor Offences
(Penalties) Order.
2. The penalties which offenders shall pay in lieu of
being prosecuted for offences set out in the first column of the
Schedule shall be those set out in the second column thereof.
SCHEDULE
OFFENCES PENALTIES
25, 40, 46, 52, 55, 57, 59 and 60 of the Motor Vehicles and Road Traffic Act.
$5000
Vehicles and Road Traffic Act.

$7500
(2) Offences against section 58 of the
Motor Vehicles and Road Traffic Act.

$10000
(1A) Offences against 34, 43, and 61 of Motor
(3) Offences against the Motor Vehicles and
Road Traffic Regulations $5000
(1) Offences against sections 13, 15, 23,
LAWS OF GUYANA
134 Cap. 10:02 Summary Jurisdiction (Procedure)
[Subsidiary]

c.8:02

c. 8:02


c. 47:01
(4) Offences against the Road Traffic
(Georgetown) Regulations
$40.00

(5) Offences against any Order, other than
made by the Commissioner of Police
under sections, 48, 51 or 102 of the
Motor Vehicles and Road Traffic Act.
(6) Offences against the Road Traffic
(Georgetown) Order.

(7) Offences against section 153 of the
Summary Jurisdiction (Offences) Act.
(8) Offences against the General Traffic
Directions made by the Commissioner
of Police on the 24th November, 1937,
under the Summary Jurisdiction
(Offences) Act and continued in force
by section 117 of the Motor Vehicles
(9) Offences under section 63 (3) of the
Post and Telegraph Act in respect of
broadcast receiving sets.
$40.00
$150.00
$ 50.00
_______________
Minor Offences (Penalties)
the Road Traffic (Georgetown) Order,
and Road Traffic Act. $40.00
$100.00
L.R.O. 1/2012
LAWS OF GUYANA
Summary Jurisdiction (Procedure) Cap. 10:02 135
[Subsidiary] Offences (Application of Certain Provisions) Order
L.R.O. 1/2012
OFFENCES (APPLICATION OF CERTAIN PROVISIONS)
ORDER
made under section 8(11)
1. This Order may be cited as the Offences
(Application of Certain Provisions) Order.
O. 99/1970
Citation.
c. 51:02
c. 10:02
OFFENCES (APPLICATION OF CERTAIN PROVISIONS)
ORDER
made under section 8(11)
1. This Order may be cited as the Offences
(Application of Certain Provisions) Order.
2. Sections 13, 15, 46, 55, 58, 59 and 61 of the Motor
Vehicles and Road Traffic Act are hereby added in their
appropriate numerical order to section 8(10)(b) of the
Summary Jurisdiction (Procedure) Act.
______________
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