Warrants and Summonses Under the
Peace and Good Behaviour Act 1982

This file last saved 12 August, 2019 3:27 PM

    conditions for a complaint to be issued

  1. Technical Bulletin 03/12 reminds JP that a person may apply for a complaint to be issued under the Act if another person has threatened to:
    1. assault or do bodily injury to the complainant or any person under the care or charge of the complainant; or
    2. procure any other person to assault or to do bodily injury to the complainant or any person under the care and charge of the complainant; or
    3. destroy or damage property of the complainant; or
    4. procure any other person to destroy or damage any property of the complainant.
  2. In addition, the complainant is genuinely in fear of the person complained against.

    3. Preliminary

  3. Before issuing a summons or warrant you must satisfied that:
    1. the defendant has threatened to assault the complainant or someone in their care, or to damage or destroy their property, or to get someone else to assault the complainant or someone in their care, or to damage their property;
    2. The complainant is genuinely in fear of the defendant.

    Steps

  4. The steps required to process the warrant and summons are:
    1. Identify the applicant.
    2. Immediately place the applicant on oath or affirmation using the following format as appropriate:

      3. I SWEAR THAT THE CONTENTS OF THIS DOCUMENT, AND ANY FURTHER INFORMATION I SUPPLY, ORALLY OR IN WRITING, ARE TRUE AND CORRECT,SO HELP ME GOD

      or

      I SOLEMNLY, SINCERELY AND TRULY AFFIRM AND DECLARE, THAT THE CONTENTS OF THIS DOCUMENT, AND ANY FURTHER INFORMATION I PROVIDE, ORALLY OR IN WRITING, ARE TRUE AND CORRECT.

    3. Ensure there are the correct number of documents.

      4. Summonses

    4. These require the original and two copies. The complainant files the original and two copies with the court. The original complaint and summons becomes the court's record.
    5. The court will arrange for the police to serve a copy of the complaint and summons on the defendant.
    6. When the summons has been served, the remaining copy is sworn/affirmed as the Oath of Service before either yourself or another JP, by the police officer who served it. The police officer will then file this Oath of Service with the court as proof that it has been served.

      7. Warrants

    7. For warrants the original and one copy are required. Both the original and the copy of the warrant are filed with the Magistrates Court.
    8. Read the complaint to ensure that:
      1. The Act or Regulation under which the summons or warrant is requested appears at the top of the complaints form. You are entitled to ask to see a copy of the relevant sections of the Act or Regulation if you wish.
      2. The material in the complaint iss sufficient to satisfy you that a summons or warrant is justified - that is, that a threat has been made and the complainant is genuinely afraid of the defendant.
      3. The complaint is made within one year of the last threat.
    9. Ask the complainant any questions that are needed to clarify what offence is involved and what evidence there is that the defendant is implicated. Keep a record of the information provided under oath in case you need it later.

    10. If you decided to refuse to issue the warrant you should cross out the complaint and note your reasons on the form. you should then refer them to the nearest Magistrates Court.

    11. Once you are satisfied that the warrant is justified, have the complainant sign the complaint. Remind them that they are under oath.
    12. Witness the complainant's signature on the complaint by signing it, affixing your seal of office and entering your registration number.
    13. Decide whether you will issue a summons or a warrant.
      If you contemplate issuing a warrant under this legislation you must be satisfied that such a step is justifies as it authorises the police to take the defendant into custody.
      It would be advisable to ask the complainant if they have contacted the police and what the response was. It may also be prudent to contact the police officer in question to determine why they took no action in the matter.
    14. In the case of a summons, contact the Magistrates Court to arrange a mention date.
      A mention date is the date when the complainant and defendant first appear in court. Ensure that the date is convenient to the court; be careful not to set it during general public holidays, local public holidays (such as a show or exhibition) or during the Christmas-New Year court closure.
    15. Complete the summons or warrant and then check through it to ensure it:
      1. gives the full name and address of the complainant and the basis for the complaint;
      2. is dated the day you issue it;
      3. gives the full name, address, date of birth and occupation of the person to be served; and
      4. shows the date, time and place of the court hearing.
    16. Sign the summons or warrant, affix your seal of office and enter your registration number. This is a mandatory requirement unde the Justices of the Peace and Commissioners for Declarations Act 1991.
      Do not complete the Oath of Service on the reverse of the form at this time. It is only to be signed when the document has been served on the defendant.
    17. In the case of a summons, give the complainant the original and two copies, and check that they know how to deal with them.
    18. Explain that the complainant is responsible for filing the complaint and summons with the Magistrates Court. The complainant is required to pay a filing fee for the document.
    19. The police use their copies to serve the defendant with a copy of the complaint and summons, and to provide the Oath of Service to the court as proof that the summons has been served.
    20. Remind the complainant to arrange for an extra copy of the complaint for their own records.
    21. In the case of a warrant, the complainant gives the original of the warrant to the police to arrange for the defendant to be arrested and taken before a court.

    References

    1. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government JUN 2017 Part 5.2
    2. Peace and Good Behaviour Act 1982 (Queensland)
    3. Technical Bulletins as above