Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 33

Summons to answer to a charge

33. Summons to answer to a charge



(1) A summons to answer to a charge must direct the defendant to attend at the
proper venue on a certain date and at a certain time to answer the charge.

(1A) A summons to answer to a charge for an indictable offence that is to be
served on a defendant that is a body corporate must state that, if the
defendant does not appear in answer to the summons, the Court may proceed-

   (a)  in the case of an offence to which section 53(1) applies, to hear and
        determine the charge in the defendant's absence in accordance with
        Schedule 2; or

   (b)  in any case, to conduct a committal proceeding in the defendant's
        absence in accordance with Schedule 5.

(2) On the application of the informant at any time before the service of a
summons to answer to a charge, the mention date specified in the summons may
be extended without cause-

   (a)  before the mention date; or

   (b)  within one month after the mention date-

by the appropriate registrar on one occasion and thereafter may be extended-

   (c)  before the current mention date; or

   (d)  within one month after the current mention date-

by the appropriate registrar if he or she is satisfied by evidence on oath or
by affidavit that reasonable efforts have been made to serve the summons.