Section 86-92 Administration of Criminal Justice Act 2015 NG

Section 86-92 of the Administration of Criminal Justice Act 2015

Section 86, 87, 88, 89, 90, 91, and 92 of the Administration of Criminal Justice Act 2015 is under PART 8 (PROVISIONS RELATING TO CRIMINAL TRIALS AND INQUIRIES IN GENERAL) of the Act.

Section 86 Administration of Criminal Justice Act 2015

Application of part 8

The provisions of this Part and Parts 9 to 30 of this Act shall apply to all criminal trials and proceedings unless express provision is made in respect of any particular court or form of trial or proceeding.

See also  Section 223-237 Administration of Criminal Justice Act 2015 NG

Section 87 Administration of Criminal Justice Act 2015

General authority to bring suspect before courts

A court has authority to compel the attendance before it of a suspect who is within the jurisdiction and is charged with an offence committed within the State, Federation or the Federal Capital Territory, Abuja, as the case may be, or which according to law may be dealt with as if the offence had been committed within the jurisdiction and to deal with the suspect according to law.

Section 88 Administration of Criminal Justice Act 2015

Right of making complaint

(1) A person may make a complaint against any other person alleged to have committed or to be committing an offence.

(2) Notwithstanding anything to the contrary contained in any other law, a police officer may make a complaint in a case of assault even though the party aggrieved declines or refuses to make a complaint.

Section 89 Administration of Criminal Justice Act 2015

Form of complaint

(1) It is not necessary that a complaint shall be in writing, unless it is required to be so by the law on which it is founded, or by some other law, and where a complaint is not made in writing, the court or registrar shall reduce it into writing.
(2) Subject to the provisions of section 54 of this Act, a complaint may unless some law otherwise requires, be made without oath.
(3) A complaint may be made by the complainant in person, or by a legal practitioner representing him, or by any person authorized in writing in that behalf.
(4) A complaint shall be for one offence only, but the complaint shall not be avoided by describing the offence, or any material act relating to it in alternative words according to the language of the law constituting such offence.
(5) All complaints made to the court directly under this section shall first be referred to the police for investigation before any action is taken by the court.

See also  Third Schedule Administration of Criminal Justice Act 2015 NG

Section 90 Administration of Criminal Justice Act 2015

Form of documents in criminal proceedings

A complaint, summons, warrant or any other document laid, issued or made for the purpose of or in connection with any proceedings before a court for an offence, shall be sufficient if it contains a statement of the specific offence with which the suspect is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge.

Section 91 Administration of Criminal Justice Act 2015

Rule as to statement of exception

An exception, an exemption, a proviso, a condition, an excuse, or a qualification, whether it does or does not in any enactment creating an offence accompany in the same section the description of the offence, may be proved by the defendant, but need not be specified or refuted in the complaint, and where so specified or refuted, no proof in relation to the matter so specified or refuted shall be required on the part of the complainant.

Section 92 Administration of Criminal Justice Act 2015

Limitation of period for making a private complaint

In every case where no time is specially limited for making a complaint for a summary conviction offence in the law relating to such offence, such complaint if made other than by a person in his official capacity shall be made within six years from the time when the matter of such complaint arose, and not after.

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