Part 3General procedure

Part 3—General procedure 20—Form of warrant (1) Every warrant for the apprehension of a defendant shall— (a) state shortly the matter of the information upon which it is founded; and (b) name or otherwise describe the defendant; and (c) order the person or persons to whom it is directed to apprehend the defendant and bring him before the Magistrates Court to answer the charge contained in the information, and to be further dealt with according to law. (2) The warrant may be directed specially to any constable or other person by name, or generally to all constables and peace officers of the State, or both specially and generally as aforesaid; and where the warrant is directed generally it shall be lawful for any constable or other peace officer to execute such warrant in like manner as if the same had been specially directed to him by name. (3) It shall not be necessary to make the warrant returnable at any particular time, but the same shall remain in force until it is executed. (4) Every warrant may be executed by apprehending the defendant at any place within the State. 22—Rules in respect of summonses (1) The Magistrates Court may make rules to provide for summonses for the appearance of persons before the Court, including to provide for the manner in which, and by whom, the summons is to be issued, given, sent to, or served, on the person. (2) Without limiting the generality of subsection (1), a summons for the appearance of a person— (a) must be in a form prescribed by the rules; and (b) must be directed to the person; and (c) must state in brief the matter or matters in relation to which the person is charged or is to be charged; and (d) must require the person to appear before the Magistrates Court at a specified time and place to answer to the charge and to be dealt with according to law; and (e) may include any other information that is, in the opinion of the Court, necessary or expedient for the purposes of this Act or any other Act or law. 22A—Description of offence (1) Every information, summons, warrant, or other document under this Act in which it is necessary to state the matter charged against any person shall be sufficient if it contains a statement of the specific offence with which the accused person is charged, together with such particulars as are necessary for giving reasonable information as to the nature of the charge. (2) The statement of the offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and, if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence. (3) After the statement of the offence, necessary particulars of the offence shall be set out in ordinary language, in which the use of technical terms shall not be required. 27—Service (1) Subject to this Act or any other Act, and the regulations or the rules, a summons, notice or other document required or authorised to be issued, given or sent to, or served on, a person under this Act may— (a) be given personally to the person; or (b) be left for the person at the person's last known residential, business or (in the case of a body corporate) registered address with someone apparently over the age of 16 years; or (c) be posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a body corporate) registered address (in which case the summons, notice or other document will be taken to have been served at the time when it would, in the ordinary course of post, have reached the address to which it was posted); or (d) for the purpose of particular proceedings—be transmitted by fax or email to a fax number or email address provided by the person or a legal practitioner representing the person (in which case the summons, notice or other document will be taken to have been given or served at the time of transmission); or (e) for the purpose of particular proceedings—be made available to the person by some other electronic means, including (for example)— (i) by transmission to an Internet address provided by the person or a legal practitioner representing the person (in which case the summons, notice or other document will be taken to have been given or served at the time of transmission); or (ii) by means of providing (by means of an email transmitted to an email address provided by the person or a legal practitioner representing the person) a link to an Internet address from which the person or legal practitioner may access or download the summons, notice or other document (in which case the summons, notice or other document will be taken to have been given or served at the time of transmission of the email); or (iii) by means of a data storage device from which the summons, notice or other document can be accessed or downloaded— (A) being given personally to the person or a legal practitioner representing the person (in which case the summons, notice or other document will be taken to have been given or served at the time the data storage device is given to the person or legal practitioner, as the case may be); or (B) being left for the person or a legal practitioner representing the person— • at the person's last known residential, business or (in the case of a body corporate) registered address with someone apparently over the age of 16 years; or • at the last known business address of the legal practitioner representing the person with someone apparently over the age of 16 years, (in which case the summons, notice or other document will be taken to have been given or served at the time the data storage device is so left); or (C) being sent by registered post in an envelope— • addressed to the person at the person's last known residential, business or (in the case of a body corporate) registered address; or • addressed to a legal practitioner representing the person at the legal practitioner's business address, (in which case the summons, notice or other document will be taken to have been given or served at the time when proof of receipt is given on delivery of the envelope to the address to which it was posted). (2) A summons, notice or other document required or authorised to be given or sent to, or served on, a person under this Act may only be given or sent to, or served on, the person by means referred to in subsection (1)(d) or (e) if, before so doing, it has been ascertained that the person or legal practitioner will be readily able to access or download and (if required) print, the summons, notice or other document. (3) Without limiting the generality of paragraph (e) of subsection (1), the regulations or the rules may prescribe electronic means of service other than those referred to in that paragraph for the purposes of this Act. (4) Without limiting the effect of the preceding subsections, a summons, notice or other document required or authorised to be given or sent to, or served on, a person by this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act. (5) If a summons, notice or other document is given or sent to, or served, otherwise than by being given personally to the person to whom it is to be given or sent, or on whom it is to be served, the Magistrates Court may require the summons, notice or other document to again be given or sent to, or re‑served on, the person if there is reasonable cause to believe that the summons, notice or other document has not come to the notice of the person. 27B—Hearing on a written plea of guilty If— (a) an information and summons in the form required by the rules under section 57A is served on the defendant named in the summons in accordance with the rules; and (b) the defendant fails to appear in obedience to the summons but pleads guilty in writing to the offence to which that summons relates, the Magistrates Court may proceed to deal with the matter in the manner provided by sections 62B and 62C. 27C—Hearing if defendant fails to appear (1) Subject to this section, if a summons is served in accordance with section 27 on the defendant named in the summons and— (a) either the defendant fails to appear in obedience to the summons; or (b) the defendant fails to plead guilty in the manner provided for under section 57A to the offence to which the summons relates, the Magistrates Court may— (c) proceed in the absence of the defendant to the hearing of the information to which the summons relates (and, despite section 62C, adjudicate the matter as if the defendant had personally appeared in obedience to the summons); or (d) order that the information be heard in the absence of the defendant and adjourn the hearing (and, on the adjourned hearing, proceed in the manner provided for in paragraph (c)). (2) If a hearing is adjourned under subsection (1)(d), it is not necessary for the Magistrates Court to be constituted of the same judicial officer at the adjourned hearing. (3) On conviction after a hearing under subsection (1), the Magistrates Court must not— (a) impose any penalty other than a fine; or (b) disqualify the defendant from holding or obtaining a licence to drive a motor vehicle; or (c) treat the offence as other than a first offence unless the informant proves that the defendant has previously been convicted of such an offence; or (d) make an order for payment of compensation of an amount that exceeds an amount specified in the information, unless— (e) the summons was given personally to the defendant; or (f) — (i) the Court has first adjourned the hearing of the information to a specified time and place; and (ii) the defendant is personally served, not less than 14 days before the time to which the hearing has been adjourned, with a notice informing the defendant of— (A) the conviction; and (B) the time and place to which the hearing has been adjourned; and (C) the provisions of section 76A; and (iii) the defendant does not, within 14 days after the date of service of the notice on the defendant, apply in accordance with section 76A, for an order setting aside the conviction. (4) If a defendant, not being a defendant who has been personally served with a notice under subsection (3)(f), is convicted after a hearing under subsection (1), the Registrar must, within 7 days of that conviction, serve on the defendant a notice setting out the particulars of the conviction, the penalty imposed and section 76A. (5) If a defendant who has been personally served with a notice under subsection (3)(f) is convicted after a hearing under subsection (1), the Registrar must, within 7 days after the imposition of a penalty in respect of that conviction, serve on the defendant a notice setting out the particulars of that conviction and the penalty imposed. 28—Proof by affidavit of service etc (1) In any proceeding, without prejudice to any other mode of proof— (a) the service on any person of any summons, notice, process, or document required or authorised to be served; or (b) the handwriting of any officer or person on any warrant, summons, notice, process, or document; or (c) the payment or tender, to any person summoned to attend as a witness, of any sum in respect of the costs or expenses of such attendance, may be proved by an affidavit taken before a justice or before a commissioner for taking affidavits in the Supreme Court: Provided that the Magistrates Court may require the person making such affidavit to be called as a witness, or require further evidence of the facts. (2) Service may also be proved by tender of a certificate of service signed by the person who effected service. (3) A document appearing to be an affidavit or certificate under this section may be accepted, without further evidence, as proof of the matters stated in it. (4) A person who gives a false certificate under this section is guilty of an offence. Maximum penalty: Imprisonment for two years. 29—Assistance of counsel A party to proceedings to which this Act applies may be represented by counsel.