Text as at 1 July 2026

13 Summons or warrant to be accompanied by charge-sheet and notice when served

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Explained inBill clause 13

A summons to answer to a charge issued under section 12 or 14 or a warrant to arrest issued under section 12, on service or execution on the accused, must be accompanied by—

S. 13 amended by No. 68/2009 s. 4(a).

(a)a copy of the charge-sheet; and

(ab)in the case of a charge for an offence against a child who was 12 or 13 years of age at the time of the alleged commission of the offence, a copy of the record of reasons for the charge; and

S. 13(ab) inserted by No. 32/2024 s. 813.

(b)a notice, in the form prescribed by the rules of court, containing—

(i)if the charge is for an indictable offence that may not be heard and determined summarily or the charge-sheet contains a request for a committal proceeding, a summary of Part 4.4; and

S. 13(b)(i) substituted by No. 68/2009 s. 4(b).

(ii)if the charge is for any other indictable offence or a summary offence, a summary of Division 2 of Part 3.2; and

S. 13(b)(ii) inserted by No. 68/2009 s. 4(b).S. 13(b)(ii) renumbered as s. 13(b)(iii) by No. 68/2009 s. 4(c).

(iii)advice that the accused should seek legal advice and that the accused has the right, if eligible, to legal aid under the Legal Aid Act 1978; and

S. 13(b)(iii) renumbered as s. 13(b)(iv) by No. 68/2009 s. 4(d).

(iv)details of how to contact Victoria Legal Aid.