Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 21

Police or public official may serve notice to appear

21. Police or public official may serve notice to appear



(1) A member of the police force or a public official acting in the
performance of his or her duties may serve on a person a notice to appear if
the member or public official reasonably suspects that the person has
committed-

   (a)  a summary offence; or

   (b)  an indictable offence that may be heard and determined summarily.

(2) A notice to appear must-

   (a)  state the name of the person serving the notice; and

   (b)  if the notice is served by a public official, state the name of the
        employer of the public official; and



   (c)  state a telephone number and email address at which the person serving
        the notice may be contacted and the business address of the person and
        may state similar details for a person authorised to act in relation
        to the notice on behalf of the person serving the notice; and

   (d)  state the full name and address of the person served with the notice;
        and

   (e)  state the offence that the person served with the notice is suspected
        of having committed; and

   (f)  state in general terms the circumstances of the suspected offence; and

   (g)  direct the person served with the notice to appear at a venue of the
        Magistrates' Court on a date (at least 28 days after the date of
        service of the notice) and at a time specified in the notice to answer
        any charge in respect of the suspected offence; and

   (h)  include a summary of this Division; and

        (i)    be signed by the person serving the notice.

(3) A notice to appear must be served by-

   (a)  giving it to the person to be served; or

   (b)  if the person does not accept it, by putting it down in the person's
        presence and telling the person the nature of the document.