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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Notifying defendant of court appearance

32: Decision to change charge following summons

You could also call this:

"Changing a charge after a summons has been issued"

Illustration for Criminal Procedure Act 2011

If a summons has been issued before the charging document has been filed, and the person who issued the summons decides to change the charge, they have two options. They can decide not to file a charging document, or they can file one with a different charge. You will be told about this decision as soon as possible, before you have to go to court. If the person who issued the summons decides not to file a charging document, you do not have to go to court on the date specified in the summons.

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Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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31: Charging document must be filed promptly, or

"The police must send the charging document to court quickly after you are charged with a crime."

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33: Summons to defendant in private prosecution, or

"Notifying someone they are being charged in a private court case"

Part 2Commencement of proceedings and preliminary steps
Notifying defendant of court appearance

32Decision to change charge following summons

  1. This section applies if a summons has been issued before the charging document has been filed and the person who issued the summons decides that—

  2. a charging document in respect of the summons will not be filed; or
    1. a charging document in respect of the summons will be filed but will contain a charge that is different from that for which the person was summoned.

      1. The person who issued the summons must, as soon as is reasonably practicable after a decision in subsection (1) has been made, take all reasonable steps to notify the person summoned of the decision before the date on which the defendant is required by the summons to appear.

      2. If subsection (1)(a) applies, the person does not need to appear in court on the date specified in the summons.