Div 2Information and subsequent proceedings

Division 2—Information and subsequent proceedings 49—Information (1) Where a person is suspected of having committed a summary offence, an information may be laid in the Magistrates Court in accordance with the rules charging that person with the offence. (2) An information may be laid by the informant personally or by a legal practitioner or other person duly authorised to lay the information on the informant's behalf. (3) If the information is laid orally, it must be reduced to writing. (4) An information charging a person with summary offences only need not be laid on oath unless— (a) some Special Act requires the information to be laid on oath; or (b) a warrant for the arrest of the defendant is to be issued. (5) An information must be filed in the Magistrates Court as soon as practicable after it is laid. 51—Joinder and separation of charges (1) A person may be charged with any number of summary offences in the same information (either cumulatively or in the alternative) if the charges arise from the same set of circumstances or from a series of circumstances of the same or a similar character. (2) The Magistrates Court may direct that— (a) charges contained in a single information be dealt with in separate proceedings; or (b) charges contained in separate informations be dealt with together in the same proceedings. 52—Limitation on time in which proceedings may be commenced (1) Subject to any provision of an Act to the contrary, if a person is to be prosecuted for a summary offence, the proceedings must be commenced within the following time limits: (a) in the case of an expiable offence— (i) if an expiation notice was given to the person—the proceedings must be commenced within 6 months of the expiry of the expiation period specified in the notice; (ii) if an expiation notice was not given to the person—the proceedings must be commenced within 6 months of the date on which the offence is alleged to have been committed; (b) in the case of an offence that is not expiable—the proceedings must be commenced within 2 years of the date on which the offence is alleged to have been committed. (2) For the purposes of subsection (1), an expiation notice is to be taken into account despite its subsequent withdrawal except if the notice of withdrawal specifies that it is withdrawn because— (a) the issuing authority has received a nomination, statutory declaration or other document sent to the authority by the alleged offender in accordance with a notice required by law to accompany the expiation notice or expiation reminder notice; or (b) it has become apparent that the alleged offender did not receive the notice until after the expiation period, or has never received it, as a result of error on the part of the authority or failure of the postal system or failure in the transmission of an email, (in which case the withdrawn expiation notice is to be disregarded). 54—Allegations and descriptions in informations and proceedings (1) Whenever in any information, or the proceedings thereon, it is necessary to state the ownership of any property belonging to, or in the possession of, partners, joint tenants, parceners, or tenants in common, it shall be sufficient to name one of such persons, and to state the property to belong to the person so named and another or others (as the case may be). (2) Whenever in any information or the proceedings thereon it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in the same manner. (3) Whenever in any information or the proceedings thereon it is necessary to describe the ownership of any work or building made, maintained, or repaired at the expense of any public board of commissioners or trustees, or of any materials for the making, altering, or repairing of the same, it shall be sufficient to describe the same as the property of such commissioners or trustees without naming them. 56—Exceptions or exemptions need not be specified or disproved by informant (1) No exception, exemption, proviso, excuse, or qualification (whether it does or does not accompany in the same section the description of the offence in the Special Act or other document creating the offence) need be specified or negatived in the information. (2) Any such exception, exemption, proviso, excuse, or qualification as aforesaid may be proved by the defendant, but, whether it is or is not specified or negatived in the information, no proof in relation to it shall be required on the part of the informant. 57—Issue of summons by Magistrates Court (1) When an information has been laid and filed in the Magistrates Court, the Magistrates Court must, subject to subsection (2), issue a summons for the appearance of the defendant. (2) No summons need be issued by the Magistrates Court— (aa) where the summons for the appearance of the defendant has already been issued prior to the information being laid and filed in the Magistrates Court; or (a) where the relevant law under which the information is laid provides for the matter to be dealt with in the absence of the defendant; or (b) where the defendant is already before the Magistrates Court; or (c) where a warrant is issued to have the defendant arrested and brought before the Magistrates Court. (3) If when an information is filed in the Magistrates Court the whereabouts of the defendant is unknown, the Magistrates Court may defer issuing a summons until informed of a place at which service might be effected. 57A—Rules may make provision for written guilty pleas (1) The Magistrates Court may make rules to provide for a person against whom an information has been laid for an offence that is not punishable by imprisonment (either for a first or subsequent offence) to elect to plead guilty to the offence without appearing in the Court in obedience to a summons. (2) Without limiting the generality of subsection (1), the rules may make provision for any of the following matters: (a) the forms of information and summons; (b) the manner in which an information or summons is to be given or sent to, or served on, a person; (c) the manner in which a plea of guilty may be made and given to the Magistrates Court; (d) any other matter that is, in the opinion of the Court, necessary or expedient for the purposes of this section. (3) A defendant who returns a form in which the defendant pleads guilty in accordance with the rules need not attend the Magistrates Court as directed by the summons. (4) If a defendant who has been served with forms of information and summons in accordance with the rules fails to return a form pleading guilty in accordance with the rules, and fails to appear in obedience to the summons, the Magistrates Court may, subject to section 62B, proceed to exercise its powers under section 62(1)(a) or (b). (5) This section does not apply in relation to a defendant who is a child within the meaning of the Young Offenders Act 1993 except where the defendant— (a) is of or above the age of 16 years; and (b) is charged with an offence under the Road Traffic Act 1961. 58—Issue of warrant The Magistrates Court may issue a warrant to have the defendant arrested and brought before the Magistrates Court if— (a) the allegations in the information are substantiated on oath; or (b) the defendant fails to appear in obedience to a summons and the Magistrates Court is satisfied that the summons was served a reasonable time before the time appointed for the hearing. 59—Defendant to be brought before Magistrates Court (1) A defendant who has been arrested under a warrant must be brought before the Magistrates Court. (2) If it is not practicable to deal immediately with the matter for which the defendant has been brought before the Magistrates Court, the Magistrates Court may remand the defendant in custody, or on bail, to appear before the Magistrates Court at a time and place fixed in the order for remand. 60—Forms of custody etc (1) When a defendant is apprehended under a warrant or is remanded upon any adjournment of the hearing, the Magistrates Court may commit the defendant— (a) by warrant to the nearest prison or to some place of security; or (b) verbally to the custody of the constable or other person who has apprehended him; or (c) verbally to such other safe custody as the Magistrates Court deems fit, and the Magistrates Court must order the defendant to be brought before the Magistrates Court at some stated time and place, of which order the informant shall have due notice. (2) In any such case, the Magistrates Court may, instead of committing the defendant to prison or some other form of custody, release him on bail.