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CRIMINAL PROCEDURE ACT 2009 - SECT 21

Police or public official may serve notice to appear

S. 21(1) amended by No. 37/2014 s. 10(Sch. item 41.3).

    (1)     A police officer or a public official acting in the performance of his or her duties may serve on a person a notice to appear if the police officer 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.



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