sec.384Notice to appear form

### sec.384 Notice to appear form A notice to appear must— state the substance of the offence alleged to have been committed; and state the name of the person alleged to have committed the offence; and clearly state whether the person was, at the time of the alleged offence, an adult or a child; and require the person to appear before a court of summary jurisdiction in relation to the offence at a stated time and place; and if a police officer issues the notice to appear at the request of another police officer (the requesting police officer )—state the requesting police officer’s particulars that would otherwise have been stated on the notice to appear had the requesting police officer issued and served it; and be signed by the police officer serving the notice to appear. The stated place for the person’s appearance before the court must be— for a child—a place where the court sits that a police officer is satisfied is the most convenient for the child to access, unless the time for appearing before the court at that place would not comply with subsection (3) (b) (i) ; and a place where the court will be sitting at the stated time. The stated time for the person’s appearance before the court must be a time— for an adult—at least 14 days or, with the person’s written agreement, a stated shorter time, after the notice is served; or for a child— as soon as practicable after service of the notice to appear; and fixed generally by the clerk of the court for hearing matters under the Youth Justice Act 1992 . Subsection (2) is subject to a provision of another Act that requires a proceeding for the offence to be started, heard or determined at a particular place. s 384 (prev s 178) renum 2000 No. 22 s 11 amd 2002 No. 39 s 171 ; 2007 No. 27 s 11 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2019 No. 23 s 41 (sec.384-ssec.1) A notice to appear must— state the substance of the offence alleged to have been committed; and state the name of the person alleged to have committed the offence; and clearly state whether the person was, at the time of the alleged offence, an adult or a child; and require the person to appear before a court of summary jurisdiction in relation to the offence at a stated time and place; and if a police officer issues the notice to appear at the request of another police officer (the requesting police officer )—state the requesting police officer’s particulars that would otherwise have been stated on the notice to appear had the requesting police officer issued and served it; and be signed by the police officer serving the notice to appear. (sec.384-ssec.2) The stated place for the person’s appearance before the court must be— for a child—a place where the court sits that a police officer is satisfied is the most convenient for the child to access, unless the time for appearing before the court at that place would not comply with subsection (3) (b) (i) ; and a place where the court will be sitting at the stated time. (sec.384-ssec.3) The stated time for the person’s appearance before the court must be a time— for an adult—at least 14 days or, with the person’s written agreement, a stated shorter time, after the notice is served; or for a child— as soon as practicable after service of the notice to appear; and fixed generally by the clerk of the court for hearing matters under the Youth Justice Act 1992 . (sec.384-ssec.4) Subsection (2) is subject to a provision of another Act that requires a proceeding for the offence to be started, heard or determined at a particular place. - (a) state the substance of the offence alleged to have been committed; and - (b) state the name of the person alleged to have committed the offence; and - (c) clearly state whether the person was, at the time of the alleged offence, an adult or a child; and - (d) require the person to appear before a court of summary jurisdiction in relation to the offence at a stated time and place; and - (e) if a police officer issues the notice to appear at the request of another police officer (the requesting police officer )—state the requesting police officer’s particulars that would otherwise have been stated on the notice to appear had the requesting police officer issued and served it; and - (f) be signed by the police officer serving the notice to appear. - (a) for a child—a place where the court sits that a police officer is satisfied is the most convenient for the child to access, unless the time for appearing before the court at that place would not comply with subsection (3) (b) (i) ; and - (b) a place where the court will be sitting at the stated time. - (a) for an adult—at least 14 days or, with the person’s written agreement, a stated shorter time, after the notice is served; or - (b) for a child— (i) as soon as practicable after service of the notice to appear; and (ii) fixed generally by the clerk of the court for hearing matters under the Youth Justice Act 1992 . - (i) as soon as practicable after service of the notice to appear; and - (ii) fixed generally by the clerk of the court for hearing matters under the Youth Justice Act 1992 . - (i) as soon as practicable after service of the notice to appear; and - (ii) fixed generally by the clerk of the court for hearing matters under the Youth Justice Act 1992 .