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.


23. Notice to be given on lapsing

23. Notice to be given on lapsing

(1) Within 7 days after the lapsing of a notice to appear, the member of the police force or public official who served the notice must ensure that—
(a) written notice is given to the person on whom the notice to appear was served that—
(i) a charge-sheet has not been filed; and

(ii) the person is not required to appear at the Magistrates' Court on the date and at the time specified in the notice to appear; and

(b) the Magistrates' Court is notified that the notice to appear has lapsed.

(2) A notice under subsection (1) is given by sending it by prepaid ordinary post addressed to the person at the last known address of the person.


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