The court date stated on the "Charge and Summons" is the "Return Date", also known as a Mention Date. The charge and summons will state on it a time and date when the case is first listed before the court. The charge and summons can be served by posting it to the accused's address, or by delivering it to the accused personally, usually at the accused's place of residence, or leaving it for the accused with a person who appears to be over the age of 16 and who resides with the accused. Failure to comply with any of these technical requirements may give rise to defences. There are numerous technical requirements with respect to the filing, issuing and service of charges and summonses. Provided charges are filed at court within time, the police can serve the charge and summons outside the 12 month period. The informant has 12 months from the date of a traffic offence to commence court proceedings by filing a charge at court, although for camera offences it is 12 months from the date of the latest nomination statement. These are contained in the one document called a "Charge and Summons". A summons is a court document that invites or requires you to come to court on a particular date to answer a charge. A charge is a court document which alleges an offence against you. This is a written document that is signed by the court and/or the police and then served on the accused. In most traffic offences a court case is commenced by the police preparing a document called a charge and summons. Judgment will be given the same day or sometimes the court adjourns to consider its decision.Ĭommencing a criminal court case - Filing and Service of a Charge and Summons
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