Summons; Warrants; Proclamation for Absconders; Attachment of Property

Explanation

Sections 61–90 govern the fundamental processes by which courts compel persons to appear before them — the mechanical backbone of criminal procedure. Summons (Section 61) are civil court-style processes used for witnesses, accused in summons cases (offences up to 2 years), and initial production orders. Warrants (Section 70) are used for accused in warrant cases (offences above 2 years) and for enforcement when summons are ignored. The service procedure requires a copy to be left with the person or their family; refusal to accept is treated as valid service. The proclamation and attachment provisions (Sections 82–83) address the persistent problem of accused persons who abscond to avoid trial. Section 82 proclamation (read out at the person's last known address, affixed on courthouse, etc.) creates a formal record of abscondence; Section 83 attachment of property is the financial deterrent — the absconder's assets are seized pending return. The 2005 Amendment added Section 82(4): a person declared a proclaimed offender (who has absconded from a Section 82 proclamation) has no right to be heard in bail applications until they surrender. This prevents the absurd situation of absconders obtaining bail while in hiding.