VERSION 3
                                        MODIFICATION #4
                                         August 2, 1996
                                            Page 1 of 2
     
     
     
     QUESTIONS PERTAINING TO BAIL IN SUMMARY CASES
     
     
          There have been questions to the Help Desk as to whether bail
     may be set in summary cases.  The only time that it is appropriate
     is post adjudication, as indicated in Rule 86 of the Pa. Rules of
     Criminal Procedure.  The Rules of Criminal Procedure do not
     authorize the setting of bail prior to adjudication in summary
     cases.  The Rules of Criminal Procedure therefore do not authorize
     incarceration in a summary case, preadjudication, for failure to
     post bail.  The DJS was programmed accordingly.
     
          If you have a summary case in which a defendant is arrested
     without a warrant, the case should proceed as indicated in Rule 71
     of the Rules of Criminal Procedure.  Specifically, the defendant
     should either be released, taken to the District Justice for a
     summary trial or given the opportunity to post collateral for a
     summary trial at a later date.  If you determine that you need to
     schedule a hearing for the purpose of accepting collateral on the
     case, use the generic hearing option, HG.
     
          If you have a summary case in which a defendant is arrested
     with a warrant, you should proceed as indicated in Rule 76 of the
     Pa. Rules of Criminal Procedure.
     
          Because neither Rule 71 nor Rule 76 authorizes incarcerating
     a defendant in a summary case prior to adjudication, we cannot
     provide the steps for doing this on the DJS.
     
          This issue will be brought to the attention of counsel for the
     Criminal Procedural Rules Committee by the Chairman of the Minor
     Court Rules Committee.  The Minor Court Rules Committee will ask the
     Criminal Rules Committee to review Rule 71.  We will keep you
     abreast of additional information on this as it becomes available.
     
     
     
     OTN FIELD IN VIOLATION OF PROTECTION FROM ABUSE
     (INDIRECT CRIMINAL CONTEMPT) ON ARRAIGNMENT FOR OTHER COURTS
     
          Section 5.7.4 of the Automated Office Clerical Procedures
     Manual states, "If the offense is a charge of Indirect Criminal
     Contempt, type in the word ABUSE or AB-ABUSE in the OTN field."  It
     is important that you enter all Violation of Protection from Abuse
     (Indirect Criminal Contempt) cases using the correct format in the
     OTN field.
     
     
                                      MODIFICATION #3.4
                                         August 2, 1996
                                            Page 2 of 2
     
     
     
         OFFICERS SHOULD BE MAINTAINED PROPERLY
           FOR WARRANTS ISSUED BY NIGHT COURT
     
     
          When a warrant is issued from a night/duty court where the
     case belongs to another district court, it is important that the
     officer be maintained in the night court in the same form as that
     officer is maintained in the district court that will be receiving
     the case.  If the officer is not maintained in the night court in
     the same form as in the receiving court, the receiving court will
     see errors on the Warrant Control Report.  If you need assistance in
     maintaining officers, please call the Help Desk.