34 Warrant may be issued if summons cannot be served

(1)

This section applies if a charging document has been filed and a summons has been issued under section 28, 29, or 33 that has not been served on the defendant.

(2)

If the summons relates to a category 1 offence, a District Court Judge may issue a warrant to arrest the defendant and bring him or her before the District Court if the Judge is satisfied that reasonable efforts have been made to serve the summons on the defendant.

(3)

If the summons relates to a category 2, 3, or 4 offence, a judicial officer or Registrar may issue a warrant to arrest the defendant and bring him or her before the District Court if the judicial officer or Registrar is satisfied that reasonable efforts have been made to serve the summons on the defendant.

Compare: 1957 No 87 s 19(1)

Section 34(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 34(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).