YOUNG OFFENDERS ACT 1994 - SECT 43
YOUNG OFFENDERS ACT 1994 - SECT 43
43 . Notices to attend court, general provisions about
(1) A notice to attend
court issued under any provision of this Act is to —
(a) be
in a form approved by the chief executive officer; and
(b) be
signed by the person issuing it; and
(c) name
the young person to whom it is directed; and
(d) if
the identity of a responsible adult is known, name that responsible adult; and
(e) tell
the young person to appear at a specified time and at a specified place before
the court; and
(f)
state that failure to so appear may result in the arrest of the young person.
(2) A notice to attend
court may be issued in respect of more than one allegation.
(3) A notice to attend
court is to be served personally on the young person, and the person who
serves the notice is to explain orally to the young person, in simple
language, the effect of the notice and in particular the consequences of
failing to appear as required by the notice.
(4) Failure to give
the explanation required by subsection (3) does not invalidate the service of
the notice to attend court unless the court believes that the failure to give
the explanation may have contributed to the failure of the person to attend
court.
(5) A copy of a notice
to attend court issued to a young person is to be served personally on or sent
by post to the address of a person who is a responsible adult unless, after
reasonable enquiry, neither the whereabouts nor the address of such a person
can be ascertained.
(6) If a person
certifies in writing that —
(a) at a
specified time and place, the person served on a young person a notice to
attend court; or
(b) at a
specified time and place, the person personally served on a person who is a
responsible adult a copy of a notice to attend court; or
(c) the
person sent by post to the address of a person who is a responsible adult a
copy of a notice to attend court; or
(d)
after the person has made reasonable enquiry, neither the whereabouts nor the
address of a responsible adult could be ascertained,
the certificate is
sufficient proof, in the absence of evidence to the contrary, of the matters
certified.
(7) If —
(a) a
young person who the court is satisfied has been served personally with a
notice to attend court fails to appear before the court in accordance with the
notice; or
(b) the
court is satisfied that despite all reasonable efforts having been made to
serve a notice to attend court on a young person it has not been possible to
do so,
the court may issue a
warrant to apprehend the person and bring the person before the court.