How an accused is presented before a court?

Question 1

What happens after an accused is charged with an offence?

Answer 1

1. Charge and bail
2. Charge and remand application
3. Charge and summons
4. Notice to appear

Question 2

Who can grant bail at a police station?

Answer 2

Bail justice or police officer

Question 3

What happens with the charge sheet if an accused is bailed from a police station?

Answer 3

the charge sheet will be:
o Served personally on the accused; and
o Filed in the court registry.

Question 4

What are the consequences of failing to appear on bail?

Answer 4

• If fail to appear, can result in:
  o Warrant being issued for the arrest of the accused;
  o Accused being charged with an offence under s30 Bail Act;
  o Summary offence: court proceeding to hear and determine the charge in the accused’s absence (s80)

Question 5

When is an accused taken before a magistrate after being refused bail?

Answer 5

• Where person apprehended by warrant or otherwise, and bail is refused by police, accused should be taken before a magistrate as soon as practicable (s12(1) Bail Act).

Question 6

When is an accused summonsed to court?

Answer 6

• Where bail/remand procedure has not been used, a charge and summons may be served personally (s14 and 16), and, in some cases, by ordinary service pursuant to s394.

Question 7

What is the legislative preference in getting an accused to attend court?

Answer 7

summons
(s12(5)).

Question 8

Timeframe for filing a charge sheet and summons

Answer 8

• Charge and summons must be filed with the registrar within 7 days (s14(2)), if not, the court:
  o May strike out the charge (s14(3)); and
  o Award costs against the informant (s14(3))

Question 9

What are the formal requirements of a summons?

Answer 9

o A summons to answer a charge or warrant must be accompanied by a charge sheet (s13(a)) and a notice (s13(b)) containing:
 Details of pre-hearing disclosure; and
 Advice to seek legal advice; and
 Details of how to contact VLA.
o Per s15(1), a summons to answer a charge must direct the accused to appear to answer the charge:
 At the proper venue;
 On a specified date; and
 At a specified time.

Question 10

How is a summons served on an accused?

Answer 10

• Every summons to answer a charge must be served personally (CPA s16), unless the charge is:
  o A summary offence; AND
  o The informant is satisfied ordinary service is appropriate (s17)

Question 11

When is a notice to appear used by a police officer?

Answer 11

Police can serve a notice to appear if the officer reasonably suspects a person has committed a summary offence, or an indictable offence which can be heard summarily.

Question 12

Does a notice to appear commence a criminal proceeding?

Answer 12

NO
* s22: Notice to appear does not commence a criminal proceeding and lapses if a charge sheet is not failed within 14 days of service.