Notices to attend court, general provisions about
43 Notices to attend court, general provisions about
A notice to attend court issued under any provision of this Act is to —
be in a form approved by the chief executive officer; and
be signed by the person issuing it; and
name the young person to whom it is directed; and
if the identity of a responsible adult is known, name that responsible adult; and
tell the young person to appear at a specified time and at a specified place before the court; and
state that failure to so appear may result in the arrest of the young person.
A notice to attend court may be issued in respect of more than one allegation.
A notice to attend court is to be served personally on the young person, and the person who serves the notice is to explain orally to the young person, in simple language, the effect of the notice and in particular the consequences of failing to appear as required by the notice.
Failure to give the explanation required by subsection (3) does not invalidate the service of the notice to attend court unless the court believes that the failure to give the explanation may have contributed to the failure of the person to attend court.
A copy of a notice to attend court issued to a young person is to be served personally on or sent by post to the address of a person who is a responsible adult unless, after reasonable enquiry, neither the whereabouts nor the address of such a person can be ascertained.
If a person certifies in writing that —
at a specified time and place, the person served on a young person a notice to attend court; or
at a specified time and place, the person personally served on a person who is a responsible adult a copy of a notice to attend court; or
the person sent by post to the address of a person who is a responsible adult a copy of a notice to attend court; or
after the person has made reasonable enquiry, neither the whereabouts nor the address of a responsible adult could be ascertained,
the certificate is sufficient proof, in the absence of evidence to the contrary, of the matters certified.
If —
a young person who the court is satisfied has been served personally with a notice to attend court fails to appear before the court in accordance with the notice; or
the court is satisfied that despite all reasonable efforts having been made to serve a notice to attend court on a young person it has not been possible to do so,
the court may issue a warrant to apprehend the person and bring the person before the court.
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