Victorian Current Acts

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Commencement of a criminal proceeding in the Magistrates' Court

    (1)     A criminal proceeding is commenced—

        (a)     by filing a charge-sheet containing a charge with a registrar of the Magistrates' Court; or

        (b)     if the accused is arrested without a warrant and is released on bail, by filing a charge-sheet containing a charge with a bail justice; or

        (c)     if a summons is issued under section 14, at the time the charge-sheet is signed.


A criminal proceeding against a child is commenced in the same manner in the Children's Court: section 528 of the Children, Youth and Families Act 2005 .

    (2)     If a charge-sheet is filed in accordance with the method prescribed by the rules of court for electronic filing, the requirements of sections 8(1) and 9(1) of the Electronic Transactions (Victoria) Act 2000 are taken to have been met.

    (3)     A charge-sheet must—

        (a)     be in writing; and

        (b)     be signed by the informant personally; and

        (c)     comply with Schedule 1.


Section 18 requires an informant to nominate an address for service of documents and other details. That information may be included on a charge-sheet.

    (4)     The informant may include a request for a committal proceeding in a charge-sheet containing a charge for an indictable offence that may be heard and determined summarily.

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