Section 136-139 of the Administration of Criminal Justice Act 2015
Section 136, 137, 138, and 139 of the Administration of Criminal Justice Act 2015 is under PART 16 (MISCELLANEOUS PROVISIONS REGARDING PROCESS) of the Act.
Section 136 Administration of Criminal Justice Act 2015
Irregularity in summons, warrant, service, or arrest
Where a defendant is before a court, whether voluntarily, or on summons, or after being arrested with or without warrant, or while in custody for the same or any other offence, the trial may be held notwithstanding:
(a) any irregularity, defect, or error in the summons or warrant, or the issuing, service, or execution of the summons or warrant;
(b) the want of any complaint on oath; or
(c) any defect in the complaint, or any irregularity in the arrest or custody of the defendant.
Section 137 Administration of Criminal Justice Act 2015
Irregularities which vitiate proceedings
Where a court or Justice of the Peace, who is not empowered by law does any of the following things:
(a) attaches and sells property under section 80 of this Act;
(b) demands security to keep the peace;
(c) demands security for good behaviour;
(d) discharges a person lawfully bound to be of good behaviour;
(e) cancels a bond to keep the peace;
(f) makes an order under section 72 of this Act as to a public nuisance;
(g) prohibits, under section 79 of this Act, the repetition or continuance of a public nuisance;
(h) tries an offender;
(i) decides an appeal, the proceedings shall be void.
Section 138 Administration of Criminal Justice Act 2015
Variance between charge and complaint
A variance between the charge contained in the summons or warrant and the offence alleged in the complaint, or between any of them and the evidence adduced on the part of the prosecution, shall not affect the validity of any proceeding.
Section 139 Administration of Criminal Justice Act 2015
Process valid notwithstanding death or vacation of office of person issuing.
A summons, warrant of any description or other process issued under a law shall not be invalidated by reason of the person who signed the summons or warrant being dead, ceasing to hold office or have jurisdiction.
