Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 14

Police or public official may issue summons

14. Police or public official may issue summons



(1) Without limiting the power of a registrar of the Magistrates' Court in any
way-

   (a)  a member of the police force; or

   (b)  a public official acting in the performance of his or her duty
        (whether the power to commence the proceeding is conferred on him or
        her by or under an Act or at common law)-

may, after signing a charge-sheet containing a charge, issue a summons to
answer to the charge.

(2) If a member of the police force or a public official issues a summons
under subsection (1), he or she must file the charge-sheet and summons with
the appropriate registrar within 7 days after signing the charge-sheet.

(3) If it appears to the Magistrates' Court that subsection (2) has not been
complied with in relation to a proceeding, the court may strike out the
charge.

Note Section 349(3) allows the court to award costs if a charge is struck out.