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Criminal Procedure Act 2009
6Commencement of a criminal proceeding in the Magistrates' Court
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6 Commencement of a criminal proceeding in the Magistrates' Court
(1) A criminal proceeding is commenced—
S. 6(1)(a) amended by No. 20/2025 s. 5.
(a) by filing a charge-sheet containing a charge in the Magistrates' Court; or
(b) if the accused is arrested without a warrant and is released on bail, by filing a charge-sheet containing a charge with a bail justice; or
(c) if a summons is issued under section 14, at the time the charge-sheet is signed.
Note to s. 6(1) substituted as Notes by No. 32/2024 s. 812.
1 A criminal proceeding against a child is commenced in the same manner in the Children's Court: section 528 of the **Children, Youth and Families Act 2005**.
2 In the case of a criminal proceeding for an alleged offence by a child who was 12 or 13 years of age at the time of the alleged commission of the offence, a record of reasons must be filed with the charge-sheet.
S. 6(2) amended by No. 31/2024 s. 9.
(2) If a charge-sheet is filed in accordance with the method prescribed by the rules of court for electronic filing, the requirements of section 8(1) of the **Electronic Transactions (Victoria) Act 2000** are taken to have been met.
(3) A charge-sheet must—
(a) be in writing; and
(b) be signed by the informant personally; and
(c) comply with Schedule 1.
Section 18 requires an informant to nominate an address for service of documents and other details. That information may be included on a charge-sheet.
(4) The informant may include a request for a committal proceeding in a charge-sheet containing a charge for an indictable offence that may be heard and determined summarily.