Appendix INSTITUTION OF PROCEEDINGS
| Designated country | Point at which proceedings are instituted |
|---|---|
| Anguilla | (a) when a summons or warrant is issued in respect of an offence; (b) when a person is charged with an offence after being taken into custody without a warrant; (c) when a bill of indictment is preferred |
| Argentina | when a judge has ordered that a person be detained for the purpose of testifying in connection with the commission of an offence |
| Australia | (a) when an information has been laid before a justice of the peace; (b) when a person is charged with an offence after having been taken into custody without a warrant; (c) when a bill of indictment is preferred |
| The Bahamas | (a) when an information has been laid before a justice of the peace; (b) when a person is charged with an offence after having been taken into custody without a warrant; (c) when a bill of indictment is preferred |
| Bahrain | when a bill of indictment is lodged in court against any person for an offence |
| Barbados | (a) when an information has been laid before a magistrate; (b) when a person is charged with an offence; (c) when a bill of indictment is preferred |
| Bermuda | when an information is laid charging a person with an offence |
| Bolivia | when a warrant is issued by a competent judge or an order to institute proceedings, containing the preventive annotation of property liable to registration or the bank deposit of the monies, assets and property of the accused |
| British Virgin Islands | (a) when a summons or warrant is issued in respect of an offence; (b) when a person is charged with an offence after being taken into custody without a warrant; (c) when an indictment is preferred |
| The Cayman Islands | (a) when a charge has been signed under subsection (3) or (4) of section 13 of the Criminal Procedure Code in respect of the offence; (b) when a person is charged with the offence after being arrested without a warrant under subsection (5) of that section |
| Chile | when an application for a decision from the competent judicial authority is made |
| Ecuador | when a writ is issued by a judge initiating criminal proceedings |
| Germany | when a person is notified that he is accused of an offence and will be brought before a court |
| Gibraltar | when a person is charged with an offence, whether by the laying of an information or otherwise |
| Grenada | (a) when an information has been laid before a justice of the peace; (b) when a person is charged with an offence; (c) when a bill of indictment is preferred |
| Guernsey | when a person is charged with an offence |
| Guyana | when a charge has been laid against a person for an offence |
| Hong Kong | (a) when a magistrate issues a warrant or summons; (b) when a person is charged with an offence; (c) when an indictment is preferred |
| India | (a) when information relating to commission of any crime is received by any law enforcement agency empowered to investigate such crime under the law for the time being in force and laid before a court of law; (b) when any allegation is made orally or in writing to a court of law that a person has committed an offence; (c) when a person is charged with an offence; (d) when any investigation or inquiry into the commission of any offence is directed by a court of law |
| Isle of Man | (a) where a justice of the peace issues a summons under section 4 of the Summary Jurisdiction Act 1989, when the complaint in relation to the offence is made to him; (b) where a justice of the peace issues a warrant for the arrest of any person under that section, when the complaint in relation to the offence is made to him; (c) where a person is charged with the offence after being taken into custody without a warrant, when he is taken into custody; (d) where an information is preferred by the Attorney General in a case where there have been no committal proceedings, when the information is lodged in the General Registry in accordance with section 4(1) of the Criminal Code Amendment Act 1917 |
| Italy | (a) when a person is notified, in accordance with article 369 of the Italian Code of Criminal Procedure, that a prosecution against him is in progress; (b) when a proposal for the application of a preventative measure (“misura di prevenzione”) is laid before a court |
| Jersey | (a) when the Bailiff issues a warrant in respect of an offence for the arrest of a person who is out of the Island; (b) when a person is arrested and charged with an offence; (c) when a summons in respect of an offence is served on a person at the instance of the Attorney General; (d) when a summons in respect of the offence is served on a person in accordance with the provisions of Article 8 of the Police Court (Miscellaneous Provisions) (Jersey) Law, 1949 |
| Malaysia | when a person is charged with an offence |
| Montserrat | (a) when a judge issues a summons or warrant in respect of an offence; (b) when a person is charged with an offence after being taken into custody without a warrant |
| Netherlands | (a) when a pre-trial financial investigation has been initiated; (b) when the provisional measure has been ordered by an investigating magistrate; (c) when a public prosecutor has requested a pre-trial criminal investigation by an investigating magistrate to be instituted; (d) when a public prosecutor has laid an indictment |
| Panama | when a person has been charged with an offence |
| Paraguay | when a judge has ordered the restraint of property and a preventative detention order has been made |
| Romania | (a) when the start of a penal pursuit is ordered; (b) when penal proceedings start in respect of an offender |
| Saudi Arabia | when an information has been laid before a judicial authority |
| South Africa | (a) when a summons is issued in respect of an offence; |
(b) when a person is charged with an offence; (c) when a bill of indictment is preferred | |
| Spain | when by virtue of a judicial resolution it is decided to proceed against a person for an offence |
| Sweden | when a public prosecutor has established that there are reasonable grounds to suspect that a person has committed an offence and accordingly is obliged under the Code of Judicial Procedure to notify the person of the suspicion |
| Switzerland | when proceedings for an offence are brought before an examining magistrate |
| Thailand | when a court or the Asset Examination Committee issues a restraint order |
| Ukraine | when a criminal case is brought |
| United Mexican States | when criminal proceedings are instituted by a judicial authority |
| United States of America | when an indictment, information or complaint has been filed against a person in respect of an offence |
| Uruguay | when criminal proceedings are instituted by a judicial authority |