Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2009-06-27

15. Contents of summons

15. Contents of summons

(1) A summons to answer to a charge must direct the accused to appear at the venue of the Magistrates' Court referred to in section 11 on a specified date and at a specified time to answer the charge.

(2) A summons to answer to a charge for an indictable offence that is to be
served on a corporate accused must state that, if the accused does not appear in answer to the summons, the Magistrates' Court may proceed-

(a) in the case of an indictable offence that may be heard and determined summarily, to hear and determine the charge in the absence of the accused in accordance with Division 10 of Part 3.3; or

(b)in any case, to conduct a committal proceeding in the absence of the
accused in accordance with Chapter 4.

Notes 1

1. See sections 80, 81 and 82 for consequences of failing to appear in answer to a summons.

2. Section 28(1) sets out the indictable offences that may be heard and determined summarily.

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