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s 13

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

In force
Chapter 2Commencing a criminal proceeding
Part 2.3Notifying accused of court appearance
Division 1Summons or warrant to arrest

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

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—

(a)

a copy of the charge-sheet; and

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

(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

(b)

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

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

(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)(ii) inserted 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) 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.

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