§ 1022 — Duties of other courts

Delaware § 1022

• Jurisdiction: Delaware
• Title: 10
• Part: Organization, Powers, Jurisdiction and Operation of Courts
• Ch. 9: THE FAMILY COURT OF THE STATE OF DELAWARE
• Subch.: Procedure

Text

(a) When any adult shall have been arrested for any offense within the jurisdiction of this Court, the arresting officer may bring the person directly to the Court in the appropriate county if it be in session, unless a Judge of the Court directs otherwise, or, if the Court is not in session, before any other criminal court.

(b) Such Court shall inquire into the matter and shall hold the accused on the accused’s own recognizance or on bail, with or without surety, and may bind material witnesses for their appearance before this Court at its next session or at such time as they may be notified by this Court to appear; and in default of bail, the accused and material witnesses shall be committed to the Department of Health and Social Services to be delivered to this Court at its next session. All recognizances and bail bonds shall be forthwith forwarded to the Court in the appropriate county.

(c) The accused shall, upon application, be granted a preliminary hearing.

Legislative History

10 Del. C. 1953, § 941; 58 Del. Laws, c. 114, § 1 ; 69 Del. Laws, c. 335, § 1 ; 70 Del. Laws, c. 186, § 1