Charge Sheet & Summons Flashcards
outline when a charge sheet & summons (form 402) may be issued
p2
1) can be issued by either
a) court registrar
b) informant (member who signed the charge)
2) for the informant to issue the summons
a) must sign the charge portion of the charge sheet & summons
b) will sign all copies of summons section
c) must be filed with the appropriate court registrar within 7 days of signing the charge sheet and summons.
3) for the Registrar to issue the summons
a) must sign all copies of the summons
b) will retain the court copy
4) police members must not issue summons on behalf of other police member
describe filing a charge sheet & summons
p2
1) charge sheet & summons can be filed by
a) informant
b) another police member
c) post
2) if not received at court within 7 days
a) court may have matter struck out
b) award costs against police
3) summons must be filed at court not sent by fax
what is a summons
p1
a printed or printed & written document signed by the informant, addressed to a person requiring him to appear at the time & place to answer the charge described in the summons
identify the commencement of procedures
commencement of summary offences must be done within a specific time limit from the commission of the offence in accordance with the statute of limitations (SOL)
1) generally
a) 12 months
b) 6months for children
2) proceedings are to have commenced by
a) filing charge with Registrar
- registrar issues summons because copy is kept with them or
b) Informant issues own summons
- commences on date the informant signs the charge.
what are the methods of service
p3.
1) must be served with in 14days before the return date. Service is effected by
a) giving a copy
b) putting the copy down in the persons presence
c) leaving copy at persons known address with person who appears over 16years old.
what options are available for court when accused fails to appear
p5
1) for Indictable Offence
a) may issue warrant for arrest
2) for summary offence
a) if accused was served by way of post, then the accused will be served personally
b) issue warrant for arrest
c) proceed to hear and determine charge in absence of accused
d) adjourn the proceeding
what are the procedures for extending hearing date
p5
1) if charge sheet & summons are not served within time frame, Registrar may on application of the informant, extend it
2) application can be made either
a) before mention date
b) within 28days after that date
3) if the informant has still yet to serve it within specified time frame, a subsequent extension requires
a) evidence on oath to give support to extension
what are the requirements in completion of affidavit of service
p4
1) after service, the affidavit of service must be completed
a) must be sworn before sergeant or above or member in charge of police station
b) affidavit must be signed by the serving member in presence of this person.
2) an alternative to signing affidavit of service
a) signing declaration of service
what is the process of witness attendance in court (subpoena)
p5
1) to ensure attendance of witness, serve
a) subpoena &
b) conduct money
2) if witness fails to appear
a) enforce by issuing warrant for arrest
3) witness summons can be left at the persons place of residence or business with person who appears over 16years
4) witness summons must be issued by court registrar.
what is the detail for intent to summons process
p9
1) informant has concluded the investigation and made the decision to proceed by summons
2) must complete L14A
3) endorse details in the “Intent to Summons “ section including
a) interview date
b) informant details
c) Printer ID at which LEAP intent to summons report will be printed
d) sub-incident numbers
4) complete additional incident/sub incident forms (if necessary)
5) submit forms to CDEB
6) obtain Intent to Summons Report from printer whose ID was endorsed on the L14A
7) submit BOE for authorisation
