On what conditions may a judicial police officer have a suspect arrested by warrant, and what narrows that power in minor-offence cases?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the summons under the preceding provision and the record of whether the suspect responded to it without good reason, the prosecutor's application to the district court, and the arrest warrant the judge issues. Each shows a condition paragraph one attaches before an arrest may be made.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading keeps every link in the chain: where there are sufficient reasons to suspect the suspect committed an offence and the suspect has failed, without good reason, to respond to a summons under the preceding provision, or is likely not to respond, the judicial police officer applies to the prosecutor and, on the prosecutor's application, obtains an arrest warrant issued by a judge of the district court with jurisdiction, and may then arrest the suspect.
Another reading turns on the proviso: for a case carrying a fine of the limited amount, detention or a summary fine, the arrest power narrows, reaching only a suspect with no fixed abode or one who has failed, without good reason, to respond to such a summons, so the risk of non-response alone cannot support an arrest in such a case.
Your judgment
How could the papers in a file show whether a suspect has a fixed abode, which the provision requires but does not define?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if paragraph one is amended to change the threshold ground or the proviso's limits, or if a court decision explains what counts as a fixed abode or a good reason for not responding.