(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.]