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CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 105
Meaning of charge if complaint made
105 Meaning of charge if complaint made
(1) This section applies if a proceeding for an offence is started against a
person— (a) by complaint and summons under the Justices Act 1886 ; or
(b)
by notice to appear under the Police Powers and Responsibilities Act 2000 .
(2) If the complaint is sworn, the person is charged when the complaint is
made whether or not a justice has issued on the complaint— (a) a summons
requiring the person’s attendance before a court; or
(b) a warrant for the
person’s arrest.
(3) If the complaint is not sworn, the person is charged
when the summons is served on the person.
(4) If the proceeding is started by
notice to appear, the person is charged when the notice to appear is issued
and served on the person.
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