Jurisdiction over the Person

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 192-196

192 Preliminary Matters / Jurisdiction

2.2(a) Jurisdiction over the Person

Is the accused in the

territory of the court?1

Yes

Is the accused

statutorily exempt?2

No

Yes

No

Jurisdiction over the

person

No jurisdiction over

the person

Yes

If the accused

was not present in

court, was an order

concerning presence

made?3

Yes No

Jurisdiction lost due

to procedural error?7

Yes

If the error was not noticed until the appeal stage,

can it be cured?8

No

No

Did the accused later

appear in court?4

Yes No

Yes

Did the judge issue

summons/warrant

within three months

of loss of

jurisdiction?5

Yes

Has the attorney

general/judge

allowed new

information/

indictment?6

No

No