21. Police or public official may serve notice to appear

21. Police or public official may serve notice to appear

(1) A member of the police force or a public official acting in the performance of his or her duties may serve on a person a notice to appear if the member or public official reasonably suspects that the person has committed—

(a) a summary offence; or

(b) an indictable offence that may be heard and determined summarily.

(2) A notice to appear must—

(a) state the name of the person serving the notice; and

(b) if the notice is served by a public official, state the name of the employer of the public official; and

(c) state a telephone number and email address at which the person serving the notice may be contacted and the business address of the person and may state similar details for a person authorised to act in relation to the notice on behalf of the person serving the notice; and

(d) state the full name and address of the person served with the notice; and

(e) state the offence that the person served with the notice is suspected of having committed; and

(f) state in general terms the circumstances of the suspected offence; and

(g) direct the person served with the notice to appear at a venue of the Magistrates' Court on a date (at least 28 days after the date of service of the notice) and at a time specified in the notice to answer any charge in respect of the suspected offence; and

(h) include a summary of this Division; and

(i) be signed by the person serving the notice.

(3) A notice to appear must be served by—

(a) giving it to the person to be served; or

(b) if the person does not accept it, by putting it down in the person's presence and telling the person the nature of the document.