135 Release of juvenile offenders without bail (1) When a person under the age of eighteen years is accused of any offence other than treason, murder or rape, any judge, magistrate or police officer who has power under this Part to admit the said person to bail may, instead of admitting him to bail or instead of detaining him— (a) release him without bail and warn him to appear before a court or magistrate at a time and on a date then fixed by the judge, magistrate or police officer; or (b) release him without bail to the care of the person in whose custody he is and warn that person to bring him or cause him to be brought before a court or magistrate at a time and on a date then fixed as aforesaid; or (c) place him in a place of safety as defined in section 2 of the Children’s Act [Chapter 5:06] pending his appearance before a court or magistrate or until he is otherwise dealt with according to law. (2) Any person who, having been warned in terms of paragraph (b) of subsection (1), fails without reasonable excuse, the burden of proof of which shall rest upon him, to act in accordance with that warning, shall be guilty of an offence and liable to a fine not exceeding level three or, in default of payment, to imprisonment for a period not exceeding one month. [Subsection amended by section 28 of Act 9 of 2006.] PART X INDICTMENTS, S UMMONSES A ND C HARGES A. Indictments in High Court 136 Charge in High Court to be laid in indictment (1) When a person charged with an offence has been committed for trial or sentence and it is intended to prosecute him before the High Court, the charge shall be in writing in a document called an indictment. (2) When the prosecution is at the public instance, the indictment shall be in the name of the AttorneyGeneral and shall be signed by the Attorney-General or by any legal practitioner in the Atto rney-General’s office. (3) When the prosecution is a private one, the indictment shall be in the name of the party at whose instance it is preferred (who must be described therein with certainty and precision) and must be signed by such private party or by his legal representative. (4) It shall not be competent for two or more persons to prosecute in the same indictment, except in a case where two or more persons have been injured by the same offence. (5) The service upon an accused person of any indictment, together with any notice of trial thereof, shall be made by the person and in the manner provided by rules of court. (6) When a person under the age of eighteen years is served with an indictment and notice of trial as aforesaid, the provisions of section sixty-seven shall apply, mutatis mutandis: Provided that where any reference is made to a direction by a magistrate, that shall be read as a reference to a direction by a judge. 137 When case is pending As soon as the indictment in any criminal case brought in the High Court has been duly lodged with the registrar of that court, such case shall be deemed to be pending in that court. 138 High Court may try case wherever offence committed Any person charged with committing an offence at any place may be tried by the High Court, wherever sitting. B. Summonses and charges in magistrates courts 139 Lodging of charges in magistrates court Where a public prosecutor has, by virtue of his office, determined to prosecute any person in a magistrates court for any offence within the jurisdiction of that court, he shall forthwith lodge with the clerk of the court a statement in writing of the charge against that person, describing him by his forename, surname, place of abode and occupation and setting forth shortly and distinctly the nature of the offence and the time and place at which it was committed. 140 Summons in magistrates court (1) The clerk of the magistrates court shall, upon or after the lodging of any charge, at the request of the prosecutor, issue and deliver to the messenger of the court a summons to the person charged to appear to answer the charge, together with so many copies of the said summons as there are persons to be summoned. (2) Except where otherwise specially provided by any enactment, the service upon an accused person of any summons or other process in a criminal case in a magistrates court shall be made by the prescribed officer, either by delivering it to the accused personally or, if he cannot conveniently be found, by leaving it for him at his place of business or most usual or last known place of abode with some inmate thereof.