ABSTRACT
All summary offences are tried in the magistrates’ courts. In addition, statute provides that certain indictable offences may be tried summarily. When this procedure is invoked, the matter is thereafter tried in the same manner as a summary offence. Summary proceedings are governed almost exclusively by statute as magistrates are creatures of statute. The complaint is the document which initiates proceedings in the magistrates’ court. The term ‘complaint’ includes information in most jurisdictions. In some jurisdictions like Trinidad and Tobago and St Lucia, complaint is what is used, whereas the legislation in Barbados and Jamaica refers to an information. A summons is, in effect, a notice to a person to appear at a certain place and time. In general, summons and not a warrant will issue to enforce the appearance of a defendant in summary criminal proceedings. Such summons is issued after the complaint is laid since the particulars contained in the summons will be based on the complaint.
