Text as at 1 July 2026

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328 Appearance

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Explained inBill clause 328

A party to a criminal proceeding may appear—

(a)personally; or

(b)by a legal practitioner or other person empowered by law to appear for the party; or

(c)in the Magistrates' Court, in the case of an informant who is a police officer or a protective services officer, by a police prosecutor; or

S. 328(c) amended by No. 67/2011 s. 3, substituted by No. 37/2014 s. 10(Sch. item 41.7).

(d)if the proceeding was commenced by the filing, by a prescribed person or a member of a prescribed class of persons, of a charge-sheet containing a charge for an offence under—

S. 328(d) amended by Nos 32/2013 s. 43(a), 47/2014 s. 259(b).

(i)Division 1 of Part 3C or Schedule 3 of the Sentencing Act 1991; or

S. 328(d)(i) amended by No. 32/2013 s. 43(b).

(ii)section 160 of the Fines Reform Act 2014—

S. 328(d)(ii) amended by No. 30/2010 s. 77(2), substituted by No. 47/2014 s. 259(a).

by any other prescribed person or any other member of the prescribed class of persons within the meaning of the Sentencing Act 1991 or the Fines Reform Act 2014, as the case requires.