Charge Sheet Flashcards
define charge sheet
p1
1) a notice from you to the accused written in similar words to the section infringed.
2) this notice informs both the accused and the court of the nature of the offence alleged
what are the details on the charge sheet
p1
1) suburb where offence took place
2) date of offence took place
3) particulars of offence
4) number of the Act or Regulation and the Section or Clause number
5) Accused’s full name, address and DOB
6) license and registration details if any charge is for traffic matter
when would it be appropriate use a charge sheet
p1
1) when offender is apprehended and charged
2) bailed or remanded in custody
3) if the offender is released and summons issued correct form to use
a) charge sheet and summons
who must sign a charge sheet
p1
must be signed by the informant
where is a charge sheet to be filed
p2
1) to file a charge sheet is essentially to leave it with the relevant court
2) not necessary for the informant to file charge sheet themselves
- it can be done on their behalf by another
specify the “Statute of Limitations” (time limit for initiating charge) for
1) persons
2) types of offences
p3
1) for children, the charge must be commenced within 6 months of the offence
2) summary offences the charge must be commenced within 12months of the commission of the offence. Exceptions are :
a) SOL is extended by another Act. eg Drugs, Poisons & Controlled Substances Act provide a 3 year SOL.
b) Accused gives written consent & is agreed by prosecutor proceedings commenced outside SOL.
c) Children - 6 months within commission of offence.
3) Indictable Offences
a) no such time limit
- an accused can be prosecuted 5, 10 years from today.
what is the procedure for laying (adding) subsequent charges
p5
1) must be on form 404 & must have
a) JAID
b) brief ID
c) printer ID
2) form 404 must be transmitted to CDEB
3) new identifiers report will be printed at printer ID endorsed on 404
