Title 8 — Criminal Procedure
36 chapters · 431 sections in this title.
8 GCA § 15.10 Complaint Defined
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The complaint is a written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and filed with a judge of the Superior Court. IN any case required by § 1.15 to be prosecuted by Complaint, the Complaint shall be subject …
8 GCA § 15.20 Issuance of Summons or Warrant on Complaint
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(a) If it appears from the complaint and the affidavits filed therewith that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the judge shall issue a summons for the appearance of the defendant. COL120106 EXECUTION & R…
8 GCA § 15.30 Judge May Require Witnesses to Appear
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Before ruling on a request for a summons or warrant to be issued on a complaint, the judge may require any witnesses the prosecuting attorney may produce to appear personally and be examined under oath. The judge shall promptly make or cause to be made a record or summary of such…
8 GCA § 15.40 Summons or Warrant on Indictment; When
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(a) After the return of an indictment and upon the application of the prosecuting attorney, the clerk shall issue a summons for the appearance of any defendant named in the indictment. (b) Notwithstanding Subsection (a), the court shall issue a warrant where: (1) A valid reason i…
8 GCA § 15.50 Warrant; Form, Who May Accept
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The warrant shall be signed by the judge and shall contain the name of the defendant or, if his name is unknown, any name or description by which he can be identified with reasonable certainty and shall describe the offense charged in the complaint or indictment. The warrant shal…
8 GCA § 15.60 Summons; Form
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The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time and place and shall be signed by the clerk when it is issued pursuant to § 15.40. NOTE: Section 15.60 is based on former rules 4(b)(2) and 9(…
8 GCA § 15.70 Execution of Warrant: When and By Whom
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(a) A warrant may be executed or a summons may be served at any place within the Territory. (b) A warrant shall be executed by the arrest of the defendant by a peace officer. (c) The summons may be served by any person authorized to serve a summons in a civil action. The summons …
8 GCA § 15.80 Warrant: Return; Unexecuted Warrant Revived by
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Prosecutor. COL120106 EXECUTION & RETURN (a) The officer executing a warrant shall make a return thereof to the court before whom the defendant is brought pursuant to § 45.10. At the request of the prosecuting attorney any unexecuted warrant shall be returned to the judge by whom…