41BCommencing criminal proceeding by court attendance

41B Commencing criminal proceeding by court attendance notice (1) A proceeding for an alleged offence may be commenced by serving and filing a notice (a court attendance notice) under this division. (2) A court attendance notice served on a person must–– (a) state the name of the person; and (b) describe the offence to which it relates; and (c) briefly state the particulars of the offence; and (d) state the name of the authorised person serving the notice; and (e) unless a warrant is issued for the arrest of the person or the person is refused bail— (i) require the person to appear before a magistrate at a stated date, time and place; and (ii) state that failure to appear may result in the person’s arrest or in the proceeding being dealt with in the person’s absence; and (f) if the person consents to appear before a magistrate at the stated date and time—include a statement, signed by the person, that the person consents to appear at the stated date and time. (3) It is sufficient to describe an offence in the notice in the way the offence is described in the law that creates the offence. (4) The date stated for the person to appear before a magistrate must be— (a) at least 14 days after the day the notice is served; or Court attendance notices Division 3.3.3A (b) if the notice contains a consent signed by the person to appear before a magistrate at an earlier date available to a Magistrate— the date as stated in the notice. (5) The rules may prescribe additional matters that must be included in a court attendance notice.