Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 22

Notice to appear lapses unless charge-sheet filed within 14 days

22. Notice to appear lapses unless charge-sheet filed within 14 days



(1) If a member of the police force or a public official serves a notice to
appear on a person, the notice lapses on the expiry of 14 days after service
unless, within that period, the member or public official files with a
registrar of the Magistrates' Court-

   (a)  a charge-sheet containing a charge against the person for the
        suspected offence stated in the notice to appear or a related offence;
        and

   (b)  a copy of the notice to appear; and

   (c)  evidence of service.

(2) Failure to file a charge-sheet in accordance with subsection (1) does not
affect the filing of a charge-sheet at any later time.