2.01Starting proceedings

#### 2.01 Starting proceedings (1) An applicant who wants to start summary criminal proceedings against an accused must: (a) file a draft summons in accordance with Form CP12; and (b) attach to the draft summons an information in accordance with Form CP13. > Note: When the draft summons is filed, a Registrar will fix a return date and place for appearance and endorse those details on the summons. (2) An information must state the offence that the accused, or each accused, is alleged to have committed. (3) A statement of an offence is sufficient if the statement: (a) identifies the provision creating the offence; and (b) describes the offence in the words of the provision creating the offence or in similar words; and (c) describes, concisely and with reasonable particularity, the nature of the alleged offence. (4) An information need not deal with any exception, exemption, excuse, qualification or justification provided by the law creating the offence. (5) If an information describes any person or thing, the description is sufficient if it describes the person or thing in a manner that indicates with reasonable clarity the person or thing. (6) At least 5 days before the return date for a summons to which an information is attached, the applicant must serve the accused personally with a stamped copy of the summons and information. > Note: If the accused does not appear before the Court on a day the accused is required to appear in accordance with the summons, the Court may issue a warrant for the arrest of the accused—see rule 9.02.