Police or public official may serve notice to appear
21 Police or public official may serve notice to appear
S. 21(1) amended by No. 37/2014 s. 10(Sch. item 41.3).
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—
a summary offence; or
an indictable offence that may be heard and determined summarily.
A notice to appear must—
state the name of the person serving the notice; and
if the notice is served by a public official, state the name of the employer of the public official; and
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
state the full name and address of the person served with the notice; and
state the offence that the person served with the notice is suspected of having committed; and
state in general terms the circumstances of the suspected offence; and
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
include a summary of this Division; and
be signed by the person serving the notice.
A notice to appear must be served by—
giving it to the person to be served; or
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.
This Act’s bill:Explanatory memorandumSecond reading speech
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