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Contents » Chapter 2 - COMMENCING A CRIMINAL PROCEEDING PART 2.1—WAYS IN WHICH A CRIMINAL PROCEEDING IS COMMENCED » Division 1 - Summons or warrant to arrest
Clause 14 Police or public official may issue summons
(1)Without limiting the power of a registrar of the Magistrates' Court in any way— may, after signing a charge-sheet containing a charge, issue a summons to answer to the charge.
(a)a member of the police force; or
(b)a public official acting in the performance of his or her duty (whether the power to commence the proceeding is conferred on him or her by or under an Act or at common law)—
(2)If a member of the police force or a public official issues a summons under subsection (1), he or she must file the charge-sheet and summons with the appropriate registrar within 7 days after signing the charge-sheet.
(3)If it appears to the Magistrates' Court that subsection (2) has not been complied with in relation to a proceeding, the court may strike out the charge.
Section 349(3) allows the court to award costs if a charge is struck out.