DRUGS MISUSE ACT 1986 - SECT 131B Evidence for ss 130, 131 and 131A—notice of challenge

DRUGS MISUSE ACT 1986 - SECT 131B

131B Evidence for ss 130, 131 and 131A—notice of challenge

(1) This section applies if an originating step for a proceeding for an offence to which section 130 , 131 or 131A applies is taken.

(2) Within 28 days after the originating step is taken, the defendant in the proceeding may be served with a prosecution information notice.

(3) The prosecution information notice may be served on the defendant, and the service may be proved, in the same way as a summons under the Justices Act 1886 , section 56 .

(4) If the defendant wants to challenge a claim of which notice has been given in the prosecution information notice, the defendant must, within 28 days after the prosecution information notice is served on the defendant, give a challenge notice to the commissioner of the police service.

(5) A magistrates court may extend the 28 day period mentioned in subsection (4) if the court considers it appropriate.

(6) In this section—


"originating step" , for a proceeding, means—

(a) the arrest of the defendant in the proceeding; or

(b) the making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or

(c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 .