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Act index » Chapter 2 - Commencing a criminal proceeding » Part 2.3 - Notifying accused of court appearance » Division 2 - Notice to appear
21 Police or public official may serve notice to appear
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(1)A police officer or a public official acting in the performance of his or her duties may serve on a person a notice to appear if the police officer or public official reasonably suspects that the person has committed—
S. 21(1) amended by No. 37/2014 s. 10(Sch. item 41.3).
(a)a summary offence; or
(b)an indictable offence that may be heard and determined summarily.
(2)A notice to appear must—
(a)state the name of the person serving the notice; and
(b)if the notice is served by a public official, state the name of the employer of the public official; and
(c)state a telephone number and email address at which the person serving the notice may be contacted and the business address of the person and may state similar details for a person authorised to act in relation to the notice on behalf of the person serving the notice; and
(d)state the full name and address of the person served with the notice; and
(e)state the offence that the person served with the notice is suspected of having committed; and
(f)state in general terms the circumstances of the suspected offence; and
(g)direct the person served with the notice to appear at a venue of the Magistrates' Court on a date (at least 28 days after the date of service of the notice) and at a time specified in the notice to answer any charge in respect of the suspected offence; and
(h)include a summary of this Division; and
(i)be signed by the person serving the notice.
(3)A notice to appear must be served by—
(a)giving it to the person to be served; or
(b)if the person does not accept it, by putting it down in the person's presence and telling the person the nature of the document.