Petty Sessions (Ireland) Act, 1851

Informations and complaints.

10. Whenever information shall be given to any justice that any person has committed or is suspected to have committed any treason, felony, misdemeanor, or other offence, within the limits of the jurisdiction of such justice, for which such person shall be punishable either by indictment or upon a summary conviction; or that any person has committed or is suspected to have committed any such crime or offence elsewhere out of the jurisdiction of such justice, either in Great Britain or Ireland, or in the Isles of Man, Jersey, Guernsey, Alderney, or Sark, and such person is residing or being, or is suspected to reside or be, within the limits of the jurisdiction of such justice; or that any person has committed or is suspected to have committed any crime or offence whatsoever on the high seas, or in any creek, harbour, haven, or other place in which the Admiralty of England or Ireland have or claim to have jurisdiction, or on land beyond the seas, for which an indictment can be legally preferred in any place in the United Kingdom of England and Ireland, and such person is residing or being, or is suspected to reside or be, within the limits of the jurisdiction of such justice; or whenever a complaint shall be made to any justice as to any other matter arising within the limits of his jurisdiction, upon which he shall have power to make a summary order, it shall be lawful for such justice to receive such information or complaint, and to proceed in respect to the same, subject to the following provisions:

1. Whenever it is intended that a summons only shall issue to require the attendance of any person, the information or complaint may be made either with or without oath, and either in writing or not, according as the justice shall see fit:

2. But whenever it is intended that a warrant shall issue for the arrest or committal of any person, the information or complaint shall be in writing, and on the oath of the complainant or of some person or persons, on his behalf:

3. Whenever any such information shall have been taken on oath and in writing that any person has committed or is suspected to have committed any indictable crime or offence (or any offence for which such person shall be punishable upon summary conviction, and for whose arrest the justice shall issue a warrant), it shall be lawful for the justice, if he shall see fit, to bind the informant or complainant by recognizance (A a.*) or (C.) to appear at the court or place where the defendant is to be tried or the complaint is to be heard to prosecute or give evidence, as the case may be, against such person:

4. In all cases of summary jurisdiction the complaint shall be made, when it shall relate to the nonpayment of any poor rate, county rate, or other public tax, at any time after the date of the warrant authorizing the collection of the same, and, when it shall relate to the nonpayment of money for wages, hire, or tuition, within one year from the termination of the term or period in respect of which it shall be payable, and, when it shall relate to any trespass, within two months from the time when the trespass shall have occurred, and in any other case within six months from the time when the cause of complaint shall have arisen, but not otherwise:

And in all cases of summary jurisdiction any person against whom any such information or complaint shall have been made in writing shall, upon being amenable or appearing in person or by counsel or attorney, be entitled to receive from the clerk of petty sessions a copy of such information or complaint, on payment of the sum of sixpence to such clerk; and such clerk shall in no case allow the original information or complaint to be taken out of his possession.