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.


14. Police or public official may issue summons

14. Police or public official may issue summons

(1) Without limiting the power of a registrar of the Magistrates' Court in any way-

(a) a member of the police force; or

(b) a public official acting in the performance of his or her duty whether the power to commence the proceeding is conferred on him or her by or under an Act or at common law)-

may, after signing a charge-sheet containing a charge, issue a summons to
answer to the charge.

(2) If a member of the police force or a public official issues a summons
under subsection (1), he or she must file the charge-sheet and summons with
the appropriate registrar within 7 days after signing the charge-sheet.

(3) If it appears to the Magistrates' Court that subsection (2) has not been complied with in relation to a proceeding, the court may strike out the charge.


Section 401(3) allows the court to award costs if a charge is struck out.


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