§805-1 - Complaint; form of warrant.
§805-1 Complaint; form of warrant. When a complaint is made to any prosecuting officer of the commission of any offense, the prosecuting officer shall examine the complainant, shall reduce the substance of the complaint to writing, and shall cause the complaint to be subscribed by the complainant under oath, which the prosecuting officer is hereby authorized to administer, or the complaint shall be made by declaration in accordance with the rules of court. If the original complaint results from the issuance of a traffic summons or a citation in lieu of an arrest pursuant to section 803-6, by a police officer, the oath may be administered by any police officer whose name has been submitted to the prosecuting officer and who has been designated by the chief of police to administer the oath, or the complaint may be submitted by declaration in accordance with the rules of court. Upon presentation of the written complaint to the judge in whose circuit the offense allegedly has been committed, the judge shall issue a warrant, reciting the complaint and requiring the sheriff, or other officer to whom it is directed, except as provided in section 805-3, to arrest the accused and to bring the accused before the judge to be dealt with according to law; and in the same warrant the judge may require the officer to summon such witnesses as are named in the warrant to appear and give evidence at the trial. The warrant may be in the form established by the usage and practice of the issuing court. [L 1892, c 57, §18; RL 1925, §4007; RL 1935, §5470; am L 1941, c 64, §1; RL 1945, §10770; RL 1955, §257-1; am L 1959, c 184, §1; am L 1963, c 85, §3; HRS §710-1; am L 1970, c 188, §36; ren L 1972, c 9, pt of §1; am L 1978, c 227, §1; am L 1989, c 211, §10; am L 1990, c 281, §11; gen ch 1993; am L 1998, c 36, §3; am L 2007, c 13, §2]
Cross References
Sheriff, etc., see §26-14.6.
Rules of Court
See HRPP rules 3, 9.
Case Notes
See 49 H. 404, 420 P.2d 100.
Cases prior to adoption of Hawaii Rules of Criminal Procedure.
Irregularities in proceedings should be availed of before judgment or made ground of appeal. 2 H. 444.
Magistrate acting in case where magistrate has no jurisdiction or exceeding magistrate's jurisdiction, liability in damages to party injured. 4 H. 584, overruled 49 H. 624, 631, 425 P.2d 1014.
Where charges are uncertain and not sufficiently specific, subject to objection. 7 H. 344.
Charge being substantially in the language of the statute sufficiently sets forth the offense. 10 H. 469.
Giving a wrong name to the offense charged does not vitiate the charge, it being regarded as surplusage. 11 H. 143.
Statement of venue in the margin of the charge held sufficient. 11 H. 435.
Charge of offense necessary. 34 H. 75.
Offense may be described in warrant by reference to affidavit on same page. 9 H. 171, 175.
Warrant may refer to complaint for names of accused. 9 H. 641, 656.
Charge may be less formal than in an indictment. 10 H. 601.
"Complaint" referred to in this section is not the charge upon which defendant is tried in district court. 14 H. 586 (under prior law). Compare 41 H. 348.
Trial procedure. 30 H. 560.
Requisites and sufficiency of complaint. 41 H. 163.
Where valid complaint lacking, court will inquire as to sufficiency of oral or written charge. 41 H. 348.