Magistrates' Court Criminal Procedure Rules 2019

Rule 16(1)

Notice to Appear

(Section 21 of the Criminal Procedure Act 2009)

Person served:

Family name:

First name(s):

Street name and number:

Suburb/Town: Postcode:

Date of birth:

YOU ARE REQUIRED TO APPEAR BEFORE THE MAGISTRATES' COURT AT

[Full street address of the venue of the Court]

ON [Date] AT [Time]

YOU ARE SUSPECTED OF HAVING COMMITTED THE FOLLOWING OFFENCES

[These are general particulars of the offence(s) only]

THE SUSPECTED OFFENCES WERE COMMITTED IN THE FOLLOWING MANNER:

[General terms of the circumstances of the suspected offences]

Police officer or person authorised to act:

Agency and address:

Telephone:

Email:

Agency Ref.:

Date:

IMPORTANT INFORMATION—DO NOT IGNORE THIS NOTICE—SEEK LEGAL ADVICE

You must appear on [date] at [venue] Magistrates' Court if you get a copy of a charge-sheet and a preliminary brief. This means you have been charged with an offence. You will get a copy of the charge-sheet and preliminary brief within 21 days of getting this notice.

You should immediately seek advice from your legal practitioner, Victoria Legal Aid [insert address and telephone number] or a community legal service.

If you do not appear at court, the magistrate may:

If a charge is not filed with the Court within 14 days of this notice being given to you the notice will lapse, and you will not have to appear at the Magistrates' Court. Written notice of this will be provided to you 7 days after the notice lapses.

AFFIDAVIT OF SERVICE THAT A COPY OF THIS NOTICE WAS SERVED PERSONALLY ON THE ABOVE NAMED PERSON

I [full name] of [address], [authorised officer] *swear/*affirm that I served a true copy of this notice to appear on [date] at [time] by—

*giving it to the person personally at [address]

*putting it down in the person's presence and telling the person the nature of the document.

*The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

[name and address in legible writing, typing or stamp below signature]

*a person authorised under Part 3 of the Oaths and Affirmations Act 2018 to take an affidavit.

*Delete if not applicable

DECLARATION OF SERVICE THAT A COPY OF THIS NOTICE WAS SERVED PERSONALLY ON THE ABOVE NAMED PERSON

I [full name] of [address], [authorised officer] *declare that I served a true copy of this notice to appear on [date] at [time] by—

*giving it to the person personally at [address]

*putting it down in the person's presence and telling the person the nature of the document.

*I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

[name and address in legible writing, typing or stamp below signature]

*a person authorised under Part 4 of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*Delete if not applicable

Form 8 amended by S.R. No. 133/2025 rule 13.