What is required before issuing a summons?

Before issuing a summons, it is essential to have a criminal complaint or information prepared. A criminal complaint outlines the charges against an individual and provides the necessary legal basis for the summons. It serves as the formal accusation that initiates legal proceedings. The summons is an official notice to the person charged, instructing them to appear in court to answer the complaint.

The requirement for a criminal complaint or information ensures that there is a documented foundation for the legal action being taken, which is crucial for upholding due process. This process helps to maintain the integrity of the legal system by ensuring that individuals are only summoned based on established grounds for prosecution.

In contrast, while an indictment signifies that formal charges have been brought against a defendant, it is not a prerequisite for a summons in all jurisdictions. Similarly, a warrant, which typically authorizes law enforcement to seize a person or property, is not necessary when issuing a summons. Lastly, the completion of an investigation may be relevant to gather evidence but does not negate the requirement of having a formal complaint or information in place to proceed with the issuance of a summons.