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On When Public Summons Or Bench Warrant May Be Resorted To In Criminal Proceedings
Following the premise that a criminal proceeding commences upon the arraignment of the accused person, the conclusive originating process of a criminal proceeding is the Charge. The originating process cannot be the private summons, public summons or arrest warrant issued to compel the attendance of the accused in Court.
Also, attendance of accused person in Court is most often done by arrest and use of private summons. It is when the accused cannot be found, is at large or is evading service that either public summons or bench warrant can be resorted to. This is the general rule in criminal proceedings.