Criminal Procedure Act 1986 No 209
Current version for 28 October 2014 to date (accessed 24 November 2014 at 00:19)
Chapter 4Part 2Division 1

Division 1 Commencement of proceedings

172   Commencement of proceedings by court attendance notice

(1)  Proceedings for an offence are to be commenced in a court by the issue and filing of a court attendance notice in accordance with this Division.
(2)  A court attendance notice may be issued in respect of a person if the person has committed or is suspected of having committed an offence.
(3)  A court attendance notice may be issued in respect of any offence for which proceedings may be taken in this State, including an offence committed elsewhere than in this State.

173   Commencement of proceedings by police officer or public officer

If a police officer or public officer is authorised under section 14 of this Act or under any other law to commence proceedings for an offence against a person, the officer may commence the proceedings by issuing a court attendance notice and filing the notice in accordance with this Division.

174   Commencement of private prosecutions

(1)  If a person other than a police officer or public officer is authorised under section 14 of this Act or under any other law to commence proceedings for an offence against a person, the person may commence the proceedings by issuing a court attendance notice, signed by a registrar, and filing the notice in accordance with this Division.
(2)  A registrar must not sign a court attendance notice if:
(a)  the registrar is of the opinion that the notice does not disclose grounds for the proceedings, or
(b)  the registrar is of the opinion that the notice is not in the form required by or under this Act, or
(c)  the registrar is of the opinion that a ground for refusal set out in the rules applies to the notice.
(3)  If a registrar refuses to sign a court attendance notice proposed to be issued by any such person, the question of whether the court attendance notice is to be signed and issued is to be determined by the court on application by the person.

175   Form of court attendance notice

(1)  A court attendance notice must be in writing and be in the form prescribed by the rules.
(2)  The rules may prescribe one or more forms of court attendance notice.
(3)  A court attendance notice must do the following:
(a)  describe the offence,
(b)  briefly state the particulars of the alleged offence,
(c)  contain the name of the prosecutor,
(d)  require the accused person to appear before the court at a specified date, time and place, unless a warrant is issued for the arrest of the person or the person is refused bail,
(e)  state, unless a warrant is issued for the arrest of the person or the person is refused bail, that failure to appear may result in the arrest of the person or in the matter being dealt with in the absence of the person.
(4)  The rules may prescribe additional matters to be included in court attendance notices.
(5)  A court attendance notice may describe an offence, act or other thing in a way that is sufficient under this Act for the purposes of an indictment or an averment in an indictment.

176   (Repealed)

177   Service of court attendance notices

(1)  A court attendance notice issued by a police officer must be served by a police officer or prosecutor in accordance with the rules.
(2)  A court attendance notice issued by a public officer must be served by a police officer, public officer or other person of a class prescribed by the rules, in accordance with the rules.
(3)  A copy of a court attendance notice issued by a person other than a police officer or a public officer must be served by a person of a class prescribed by the rules in accordance with the rules.
(4)  A copy of a court attendance notice must be filed in the registry of a court in accordance with the rules.
(5)  (Repealed)

178   When proceedings commence

(1)  All proceedings are taken to have commenced on the date on which a court attendance notice is filed in the registry of a relevant court in accordance with this Division.
(2)  (Repealed)
(3)  Nothing in this section affects any other Act or law under which proceedings are taken to have been commenced on another date.

179   Time limit for commencement of summary proceedings

(1)  Proceedings for a summary offence must be commenced not later than 6 months from when the offence was alleged to have been committed.
(2)  Subsection (1) does not apply:
(a)  to an offence for which an Act or law specifies another period within which proceedings must be commenced, or
(b)  to an indictable offence that is being dealt with summarily, or
(c)  to an offence involving the death of a person that is or has been the subject of a coronial inquest.
(3)  Proceedings for a summary offence that relate to the death of a person that is or has been the subject of a coronial inquest must be commenced:
(a)  not later than 6 months after the conclusion of the inquest, or
(b)  not later than 2 years from when the offence is alleged to have been committed,
whichever occurs first.

180   Relationship to other law or practice

(1)  Nothing in this Part affects any law or practice relating to indictments presented or filed in the Supreme Court or the District Court by the Attorney General or the Director of Public Prosecutions.
(2)  If an Act or a statutory rule provides for proceedings for an offence which may be taken in a court to be commenced otherwise than by issuing a court attendance notice, the proceedings may be commenced in accordance with this Act.
(3)  Nothing in this Part affects the operation of the provisions of the Crimes (Domestic and Personal Violence) Act 2007 relating to the commencement of proceedings under that Act.

181   Attendance of accused person at proceedings

(1)  A person who issues a court attendance notice may, at any time after the notice is issued and before the date on which the accused person is required to first attend at the court for the hearing of proceedings, apply for a warrant to arrest the accused person.
(2)  An authorised officer may, when a court attendance notice is issued by the registrar, or filed in the court, or at any time after then and before the matter is first before a court, issue a warrant to arrest the accused person if the authorised officer is satisfied there are substantial reasons to do so and that it is in the interests of justice to do so.
(3)  The rules may make provision for or with respect to matters that may be taken into account by an authorised officer in determining whether to issue a warrant under this section.
(3A)  If an accused person is not present at the day, time and place set down for the hearing of proceedings (including any day to which proceedings are adjourned), or absconds from the proceedings, the Magistrate may issue a warrant to arrest the accused person if the Magistrate is satisfied there are substantial reasons to do so and that it is in the interests of justice to do so.
(4)  A Magistrate or an authorised officer before whom an accused person is brought on arrest on a warrant issued under this section may, if bail is not dispensed with or granted, order the issue of a warrant:
(a)  committing the accused person to a correctional centre or other place of security, and
(b)  ordering the accused person to be brought before a court at the date, time and place specified in the order.
(5)  The Magistrate or authorised officer must give notice of the date, time and place set to the prosecutor. Part 4 of this Chapter sets out procedures for arrest warrants and warrants of commitment generally.
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