(a) a
prosecution for an indictable offence is commenced in a superior court against
an accused;
(b) the
accused has not been committed in respect of the offence; and
(c) the
accused is not in custody or on bail in respect of the charge.
(2) The superior
court, on the application of the prosecutor and without requiring any evidence
as to the charge, may issue —
(a) a
summons to the accused and, if it is not obeyed, an arrest warrant for the
accused; or
(b) an
arrest warrant for the accused, even if a summons has not been issued
previously.
(3) Sections 31
and 32, with any necessary changes, apply respectively to and in respect
of such a warrant and summons.