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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Can a magistrate court summon arrive with police question the

Resolved Question:

Can a magistrate court summon arrive with police question the accused person. Looks like a prank but i got a magistrate court summon saying I am accused of some assault and police tried to contact me repeatedly and could not contact me on my home address. Is it possible magistrate court issue a summon without police contacted me. A letter delivered to me in white plan envelop (with second class stamp). The front of letter have no monogram etc of the court in front of envelop. Does it looks like a prank or could be real
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
I am not sure what you mean? Are you saying a Court has ordered you to attend a Police interview?
Customer: replied 2 years ago.

Got a letter which is apparently from Magistrate court and says I have been accused of Assault on such and such date and my local constabulary has attempted to contact me to review the case but after several attempts they couldn't get hold of me. Then it says i am summoned to Magistrate court to review the case before further proceedings can be started and gives a date and time to visit the magistrate court. Is it possible then someone gets a magistrate court Summon without getting contacted by Police and does such summons come in normal second class mail not special delivery etc?

Expert:  Ash replied 2 years ago.
Its a scam. The Court would only summons you if you were CHARGED. You wont get summonsed to 'progress a case' ie to be interviewed etc.
So it sounds like a scam. It would also be franked with the Courts return address and not a second class stamp.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thanks a lot, feeling much relieved, Can you please also help me to understand how court summons gets delivered and by "Charged" do you mean person has been interviewed by police and police has charged the person if they have enough evidence against him/her? Is there any chance Magistrate directly Summons with Police charged the person? I know you have briefly explained it but would be helpful if you shed some more light on it.

Thanks,

Expert:  Ash replied 2 years ago.
You are charged at a Police station and then you are given a date to attend Court. So you physically get given the date.
A summons would be issued then, so you are charged and summonsed to attend Court.
A summons would be delivered by postal requisition for example a minor driving offence. A postal requisition is ALWAYS sent by first class post in any event.
Does that help?
Alex
Customer: replied 2 years ago.

Is there any further action required on my end or i should just forget it and move on. This gave me extreme depression and caused me stress.

Expert:  Ash replied 2 years ago.
You could give it to the Police but apart from that you dont need to do anything.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex