Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 26

How criminal proceeding commenced

26. How criminal proceeding commenced



(1) A criminal proceeding must be commenced by filing a charge-



   (a)  with a registrar1; or





   (b)  if the defendant is arrested without a warrant and is released on
        bail, with a bail justice.

Note The Electronic Transactions (Victoria) Act 2000 applies to enable a
charge to be filed electronically.



* * * * *





(2) A charge must be on a charge-sheet signed by the informant.

(2A) If a charge is filed in accordance with the method prescribed by the
regulations for electronic filing, the requirements of sections 8(1) and 9(1)
of the Electronic Transactions (Victoria) Act 2000 are taken to have been met.

(3) A charge need not be on oath, except where otherwise provided by this or
any other Act.



(4) Subject to subsection (5), a proceeding for a summary offence must be
commenced not later than 12 months after the date on which the offence is
alleged to have been committed, except where otherwise provided by or under
any other Act.

(5) With the consent in writing of the defendant and the consent of the
Director of Public Prosecutions or a Crown Prosecutor, a proceeding for a
summary offence may be commenced at any time despite any limitation as to the
time for commencing the proceeding in subsection (4) or otherwise provided by
or under any other Act.