What judicial action can ensure an accused’s appearance if they are not arrested?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The issuance of a notice to appear serves as a judicial action that can effectively ensure an accused’s appearance in court when they have not been arrested. This method allows the court to formally request that the accused attend a scheduled hearing without the need for immediate incarceration or an arrest warrant.

A notice to appear typically provides the accused with specific details regarding the time and place of their required presence. This process is generally less intrusive than other options, making it a suitable alternative for situations where arrest is unnecessary or impractical. It places the responsibility on the accused to present themselves, while also maintaining the court's authority to enforce attendance.

Other options like an arrest warrant or immediate incarceration imply a level of judicial enforcement that is not required when the accused can be reasonably expected to appear voluntarily. A public notice does not guarantee attendance as it simply informs the public rather than directly engaging the accused.

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