6Commencement of a criminal proceeding in the Magistrates' Court

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.