They are an alternative to summons or bail procedures, and may be used for any summary offence or indictable offence triable summarily. The form of a Notice to Appear is set out at Form 7 of the Magistrates' Court Criminal Procedure Rules 2009.
Notices to Appear are dealt with in Division 2 of Part 2.3 of the Criminal Procedure Act 2009, ss 22 - 26. Although these provisions came into effect on 1 January 2010, courts and the police are using a staggered introduction of these new notices.
The proposed commencement dates for the rollout of the process across metropolitan Magistrates' Court locations are:
February – Heidelberg and Ballarat
May – Broadmeadows
June – Sunshine
July – Frankston
August – Melbourne and Neighbourhood Justice Centre
September – Dandenong
October – Moorabbin
December – Ringwood
VLA lawyer Paul Jansen is working with the Victoria Police on the roll-out of these new summary procedures. He's included a lot of useful information on the VLA website, including a two-page summary of how the new system is supposed to work.
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