Western Australian Current Acts

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YOUNG OFFENDERS ACT 1994 - SECT 42

42 .         Notice to attend court usually preferable to summons

        (1)         A person who could lay a charge against a young person and —

            (a)         cause the person to be issued with a summons to attend court to be dealt with for the offence charged; or

            (b)         detain the person in custody pending the person’s appearance in court to be dealt with for the offence charged,

                may instead issue to the young person a notice to attend court.

        (2)         Unless the issue of a notice to attend court would be inappropriate, it is to be preferred to proceeding by way of —

            (a)         charging the young person and causing the person to be issued with a summons to attend court to be dealt with for the offence; or

            (b)         detaining the person in custody pending the person’s appearance in court to be dealt with for the offence.

        (3)         In addition to other requirements for a notice to attend court, a notice to attend court issued under this section is to —

            (a)         describe shortly the offence alleged to have been committed; and

            (b)         set out particulars of the alleged offence, including particulars of —

                  (i)         the time and place of its alleged commission; and

                  (ii)         any person alleged to be aggrieved; and

                  (iii)         any property alleged to be involved.

        (4)         If a copy of a notice to attend court issued to a person under this section is lodged with a court, the notice is to be taken to be a prosecution notice charging the person with the alleged offence described.

        [Section 42 amended: No. 84 of 2004 s. 80.]



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