Generally, a summons is a document notifying a person of a court hearing on a specified date. In relation to a defendant, it is a summons to attend court to answer the charge as contained in an Information and filed with the Court by prosecution [Criminal Procedure Act 1921 (SA) ss 22 and 57; Joint Criminal Rules 2022 (SA) r 62.1]. The hearing date selected on the summons will be in the normal course listed several weeks after the Information is filed [r 65.1(2)].

The Form 2 Information and Summons Lower Courts must be served as a soon as practicable, and in any event at least 7 days before the first hearing date. Unless the Court otherwise orders, service of the Information must be effected by original service. [r 62.4(6)-(7)]. For the definition of original service, see rule 33.7 of the Joint Criminal Rules 2022 (SA), as original service now includes portal service using Court SA. The service requirements outlined in the Joint Criminal Rules 2022 (SA) should be read in conjunction with section 27 of the Criminal Procedure Act 1921 (SA).

Failure to attend court on the date of the hearing may result in the matter(s) proceeding in the defendant’s absence or the issue of a warrant for their arrest [see Criminal Procedure Act 1921 (SA) ss 58 and 103; s 62A for failure to answer bail; s 62BA for failure to lodge written plea of guilty or to appear].

A summons is usually served by a police officer or an officer or employee of a public authority, who either gives it personally to the person to whom it is directed or leaves it with someone else who appears to be aged 16 years and over at the person's last or most usual address [Criminal Procedure Act 1921 (SA) s 27]. A summons can also be served [s 27]:

If serving a summons via electronic means, it must be ascertained that the person receiving the summons has the means to download/access and (if required) print the document(s) [Criminal Procedure Act 1921 (SA) s 27(2)].

A summons to a debtor may be issued for unpaid fines and requires the debtor to attend the Fines Payment Unit in a local Magistrates Court (see Expiable offences). A witness or the holder of documents needed as evidence for a trial may receive a summons (a subpoena) to either attend the court registry (to hand over documents) or to appear to give evidence to the Court on a specified date [see Magistrates Court Act 1991 (SA) s 20; Joint Criminal Rules 2022 (SA); District Court Act 1991 (SA) ss 25 and 26; Supreme Court Act 1935 (SA) s 35].

The forms used pursuant to the Joint Criminal Rules 2022 (SA) are available on the Courts Administration Authority website

An Information is a document outlining the details of the offence as charged [Criminal Procedure Act 1921 (SA) s 100] and may include summary, minor indictable and major indictable offence(s) [s 102(2)]. The Information must state the category of offence for each charge and whether it is a major indictable, minor indictable or summary offence. A person can be charged for a number of offence(s) on the same information so long as they relate to the same circumstances or a series of circumstances of similar character [Criminal Procedure Act 1921 (SA) s 102(1)].

The Information must be filed with the Court by prosecution as soon as possible after it is made [Criminal Procedure Act 1921 (SA) s 101(3)]. Court proceedings commence upon the filing of the Information in court (for matters committed to the District or Supreme Court for trial) [see Major indictable offences]. The accused must be provided with a copy of the Form 1 Information Lower Courts as soon as practicable and in any event at least 7 days before the first hearing date [Criminal Procedure Act 1921 (SA) s 105; Joint Criminal Rules 2022 (SA) r 62.4(6)].

An informant must file with the Information or immediately upon the Information being filed at Court a summary of the allegations in the prescribed form in respect of each count (Form 9A), an antecedent report in the prescribed form providing particulars of any previous convictions of each defendant or youth (Form 9B), and if the defendant or youth has been granted bail by a police officer under s 5(1)(e) of the Bail Act, the bail agreement. See further rule 62.3 of the Joint Criminal Rules 2022 (SA). The informant may file a Form 9C Combined Summary of Allegations and Antecedent Report, and instead of filing a bail agreement may provide to the Court data in an acceptable format identifying the date and conditions of the bail agreement.

A notice in the prescribed form appropriate to the highest charge category and Court must be served with the Information [r 62.4(2)].