402. Notice to appear

402. Notice to appear

(1) If a notice to appear lapses under section 22(1) and notice is given in accordance with section 23, the member of the police force or public official who served the notice is not liable for any costs of the person served with the notice in respect of the serving or lapsing of the notice.

(2) If a notice to appear lapses under section 22(1) and notice is not given in accordance with section 23, the Magistrates' Court may award costs against the member of the police force or public official who served the notice as if the notice to appear were a criminal proceeding in the Magistrates' Court.