Form 3
Summons to defendant

Sections 19 and 150, Summary Proceedings Act 1957

To [full name], of [address, occupation].

[Full name], of [address, occupation], has stated on oath that he/she* has just cause to suspect, and does suspect, that) you the said [full name] *(within the space of (6) months last past, namely,) on [date] at [place] [here set out the substance of the offence or matter of complaint] (being an offence punishable summarily/being an indictable offence*) [here add section and statute applicable] .

You are summoned to appear on [day], the [date, time], at the District Court at [place], to answer to the information (or complaint).

• Schedule 1 form 3: amended, on 29 June 2009, by regulation 11 of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).

• Form 3 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.

Form 4
Warrant to arrest in summary proceedings (where offence punishable by imprisonment)

Section 19(b), Summary Proceedings Act 1957

Number:

Year:

On [date] an information was laid that [full name], of [address, occupation] (hereinafter called the defendant), at [place] on [date] [here set out the alleged offence] being an offence for which the defendant is liable on conviction to a sentence of imprisonment.

I am of opinion that a warrant is necessary to compel the attendance of the defendant.

(or Having regard to the gravity of the alleged offence and the circumstances of the case I am of the opinion that a warrant should be issued):

And I direct you to arrest the defendant and bring him before a District Court as soon as possible to answer to the information.

• Form 4 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.

Form 5
Warrant to arrest in summary proceedings (where issued by a District Court judge)

Section 19(1)(c), Summary Proceedings Act 1957

Number:

Year:

On [date] an information was laid/a complaint was made* that [full name], of [address, occupation] (hereinafter called the defendant), at [place] on [date] [here set out the alleged offence or matter of complaint].

I am of opinion that there are grounds for the issue of a warrant.

And I direct you to arrest the defendant and bring him before a District Court as soon as possible to answer to the information (complaint).

• Form 5 was amended, as from 1 April 1996, by regulation 2(1) Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26) by substituting the expression “Section 19(1)(c)” for the expression “Section 19(c)”.

Form 5A
Police summons to defendant

Section 19A, Summary Proceedings Act 1957

To [full name], of [address, occupation]

You have been arrested without warrant.

The charge against you is that you the said [full name] *(within the space of (6) months last past, namely,) on [date] at [place] [here set out the substance of the offence] being a summary offence or an indictable offence that may be dealt with summarily [here add section and statute applicable].

An information in respect of this offence will be laid and filed within 7 days.

You are now being released without bail.

You are summoned to appear on [date, time]†, at the District Court at [place], to answer to the charge.

• Form 5A was inserted by regulation 3(1)(a) Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136) and amended by regulation 4(1)(a) Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93) by inserting the words “or an indictable offence that may be dealt with summarily”.

Form 5B
Traffic summons to defendant in relation to breath-alcohol offence

Section 19B, Summary Proceedings Act 1957

To [full name], of [address, occupation]

You have undergone an evidential breath test pursuant to section 69 of the Land Transport Act 1998.

The result of that evidential breath test was positive but you did not, within 10 minutes of being advised of—

• the result of that evidential breath test; and

• your right to request a blood test; and

• the other matters specified in section 77(3)(a) of the Land Transport Act 1998,—

advise a traffic officer or a constable that you wished to undergo a blood test.

The charge against you is that you, the said [full name], within the space of 6 months last past, namely, on [date, time].

*Drove [*attempted to drive] a motor vehicle on a road while the proportion of alcohol in your breath, as ascertained by an evidential breath test, exceeded 400 micrograms of alcohol per litre of breath, in that it was [number] micrograms of alcohol per litre of breath (being an offence against section 56(1) of the Land Transport Act 1998).

*Being a person under 20 years of age, *drove [*attempted to drive] a motor vehicle on a road while the proportion of alcohol in your breath, as ascertained by an evidential breath test, exceeded 150 micrograms of alcohol per litre of breath in that it was [number] micrograms of alcohol per litre of breath (being an offence against section 57(1) of the Land Transport Act 1998).

An information in respect of this offence will be laid and filed as soon as practicable, and in any event not later than 7 days after the day the evidential breath test was administered.

You are summoned to appear on [date, time]†, at the District Court/Youth Court* at [place] to answer the charge.

• 1 Failure to appear: failure to appear at the Court named in this summons at the time and place stated above may result in the issue of a warrant for your arrest.

• 2 Prosecuting authority: any enquiries regarding the charge against you should be directed to the prosecuting authority that issued this summons. The prosecuting authority's name and address appear in the box at the bottom of this summons.

• 3 Legal advice: you should whenever possible obtain legal advice before the day on which you are required to attend court. Seek advice from your own lawyer or from a Citizens Advice Bureau or Legal Advice Centre.

• 4 Legal aid: If you want a lawyer to act for you but think you cannot afford one you can apply to the Court for legal aid. Do this as soon as possible. If aid is granted the Court will appoint a lawyer to represent you. Apply for legal aid at the District Court. The Registrar will answer any questions you may have.

• Form 5B was inserted by regulation 3 Summary Proceedings Regulations 1958, Amendment No 18 (SR 1989/12), and amended by regulation 2 Summary Proceedings Regulations 1958, Amendment No 21 (SR 1993/81) by substituting the boxed paragraph beginning “Being a person under 20 years of age, drove”.

• Form 5B was further amended, as from 1 April 1996, by regulation 2(2) Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26) by substituting the words “Youth Court” for the words “Children and Young Persons Court”.

• Form 5B was further amended, as from 1 March 1999, by regulations 2(a) Summary Proceedings Amendment Regulations (No 6) 1998 (SR 1998/450) by omitting the words “section 58B of the Transport Act 1962”, and substituting the words “section 69 of the Land Transport Act 1998”. It was further amended by regulation 2(b) by omitting the words “section 58(4)(a) of the Transport Act 1962”, and substituting the words “section 77(3)(a) of the Land Transport Act 1998”. It was further amended by regulation 2(c) by omitting the words “being a summary offence against section 58(1)(a) of the Transport Act 1962”, and substituting the words “being a summary offence against section 56(1) of the Land Transport Act 1998”. It was further amended by regulation 2(d) by omitting the words “being a summary offence against section 58(1)(f) of the Transport Act 1962”, and substituting the words “being a summary offence against section 57(1) of the Land Transport Act 1998”.

• Form 5B was amended, as from 29 December 2001, by section 14(3)(a) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by omitting from Form 5B the first asterisk that appears on the form.

• Form 5B was further amended, as from 29 December 2001, by section 14(3)(b) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by omitting the words “*The result of that evidential breath test, being a test carried out by means of a conclusive evidential breath-testing device, indicated that the proportion of alcohol in your breath exceeded 600 micrograms of alcohol per litre of breath.”.

Form 6
Summons to witness

Section 20(1) and (2) , Summary Proceedings Act 1957

To [full name], of [address, occupation]

You are summoned at the request of the informant/complainant/defendant* to appear as a witness at the District Court at [place] on [date, time] and on such other days as may be directed by the Court to give evidence in respect of a charge (complaint) of (that) [here state brief particulars of charge or complaint] laid (made) by [name of informant or complainant] against [name of defendant].

*You are required to bring with you and produce [specify what is to be produced].

• Form 6 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.

Form 6A
Summons to non-party to appear and produce information

Section 20(1), (1A), and (2), Summary Proceedings Act 1957

To [full name, address]

You are summoned at the request of the prosecutor/defendant* to appear and produce the information set out below at the District Court at [place] on [date, time] and on such other days as may be directed by the Court in respect of—

• †(a) a charge of [particulars of charge] laid by [name of informant] against [full name of defendant].

• †(b) a complaint made by [name of complainant] against [full name of defendant] that [particulars of complaint].

The information you are required to bring with you and produce is [specify information to be produced].

• Schedule 1 form 6A: inserted, on 29 June 2009, by regulation 12(a) of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).

Form 7
Warrant for attendance of a witness

Section 20(4), Summary Proceedings Act 1957

To every constable/[full name], constable*

I am satisfied that [full name], of [address, occupation], whose evidence at the hearing is required by the informant/complainant/defendant* in the case of [title of proceedings], the charge (complaint) being [specify] will not attend without being compelled to do so:

And I direct you to arrest the said [full name of witness] and bring him to the District Court at [place] on [date, time].

(This warrant may be issued only by a District Court Judge or a Registrar.)

• Form 7 was amended, as from 1 April 1996, by regulation 2(3) Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26) by inserting the words “or Registrar” and “or a Registrar” after the words “District Court Judge”.

Form 7A
Warrant of commitment of witness

Section 20(4A)(a), Summary Proceedings Act 1957

CR number:

and to the Superintendent of the prison at [place]

[Full name], of [address, occupation] (hereinafter called the witness), a witness in the case of [title of proceedings] for hearing before this Court was arrested pursuant to a warrant issued under section 20(4) of the Summary Proceedings Act 1957 and brought before me.

I hereby order that the witness be committed to prison to be detained until the hearing of the case and I direct you, the said constable(s), to deliver the witness to the prison at [place] and you, the said Superintendant, to receive the witness into your custody and to detain him until [day, date], when you are required to bring him to the District Court at [place] at [date, time], to give his evidence.

I hereby certify that I have granted bail to the said [full name of witness], subject to the following condition(s):

• Form 7A was inserted by regulation 3(1)(b) Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

• Form 7A was amended, as from 1 August 1987, by regulation 2(1) Summary Proceedings Regulations 1958, Amendment No 7 (SR 1987/211) by substituting the “Certificate of Grant of Bail” for the “Certificate of Consent to Bail by Court”.

• Form 7A was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Superintendent” in both places where it appears. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Form 8
Warrant where witness fails to appear

Section 38, Summary Proceedings Act 1957

Number:

Year:

[Full name], of [address, occupation], was summoned to give evidence on [date], at the District Court at [place] in the case of [title of the proceedings] and failed to appear and has offered no just excuse for his failure.

I am/we are* satisfied that the summons was duly served on him and that he was not required to travel more than 10 miles to attend the hearing (or that expenses in accordance with the prescribed scale were tendered to him).

I/We* direct you to arrest the said [full name of witness] and bring him to the District Court at [place] on [date, time].

• Form 8 was amended, as from 1 November 1998, by regulation 13(b) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice(s) of the Peace”, the words “or Community Magistrate(s)”.

Form 9
Warrant of commitment for a witness refusing to give evidence

Section 39, Summary Proceedings Act 1957

Number:

Year:

and to the Superintendent of the penal institution at [place]

[Full name], of [address, occupation] (hereinafter called the witness), a witness in the case of [title of the proceedings] now being heard before this Court, refuses to give evidence/refuses to be sworn/having been sworn refuses to answer questions concerning the charge* without offering any just excuse for his refusal:

I/We* direct you, the said constable(s), to arrest the witness and deliver him to the Superintendent of the penal institution at [place], and you, the said Superintendent, to receive the witness into your custody and to detain him for [number] days, unless he sooner consents to give evidence/to be sworn/to answer the questions put to him*.

And I/we* further direct you, the said Superintendent, to bring the witness to the District Court at [place] on [date, time] , or at such earlier time as he consents to give evidence/to be sworn/to answer the questions put to him*.

• Form 9 was amended, as from 1 November 1998, by regulation 13(b) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice(s) of the Peace”, the words “or Community Magistrate(s)”.

• Form 9 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Superintendent”. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

• Form 9 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “prison” for the words “penal institution”. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Form 9A
Notice of prosecution for minor offence

Section 20A, Summary Proceedings Act 1957

CR number:

District Court:

Occupation:

Date of birth:

*Driver's licence number:

*Latest coupon issued by:

Take notice that I [full name of informant] of [address, capacity in which acting], allege that you, the above-named [full name of defendant], did, on [date] at [place] commit an offence against [here set out section and statute applicable] in that you [here set out brief details of the offence].

The facts on which I base this allegation are contained in the summary set out below (*or attached to this notice and signed by me).

The maximum penalty for this offence is a fine not exceeding $[amount].

*The mininum penalty expressly provided for the offence is [give particulars].

*Other consequences of conviction for the offence are [give particulars in accordance with section 20A(3)(c) of the Summary Proceedings Act 1957].

I certify that I believe that I have just cause for this allegation and that, to the best of my knowledge and belief the summary of the facts and the other particulars relating to the offence or to the defendant, which facts and particulars are set out below (*or on an attached sheet of paper signed by me), are true and correct.

The facts on which the informant bases his allegations are as follows: (*or are set out on the attached sheet of paper headed Summary of facts and signed by the informant). [The summary must be sufficient to fully and fairly inform the defendant of the allegations against him. Particulars of other matters (not being previous convictions) which the Informant considers are relevant to the imposition of a penalty may also be included.]

*Particulars of the defendant's previous convictions are attached.

When writing or making inquiries please quote this number.

CR number:

• (1) You have been charged with an offence*.

• (2) If you wish to deny the charge or to appear before the Court for that or any other purpose related to the alleged offence you must send written advice to that effect to the Registrar, [name of district] District Court, [address] by the [date]. A summons will then be issued requiring you to appear before the Court.

• (3) If you wish to plead guilty to the charge you may in writing addressed to the Registrar at the above address, give notice that you plead guilty. In that notice you may—

  • (a) state matters in relation to the offence, which you wish the Court to take into consideration:

  • (b) make submissions with regard to the appropriate penalty:

  • (c) unless a minimum sentence for the offence is expressly provided for, put forward reasons why you should be discharged without conviction under section 106 of the Sentencing Act 2002.

• (4) If you do nothing, then, after the date specified in paragraph (2) above, a District Court Judge may deal with you on the basis of the summary of the facts given to you as if you had appeared before the Court and pleaded guilty.

• (5) Previous convictions: If this notice is accompanied by particulars of any previous convictions against you, the District Court Judge may take these into account in deciding whether or not to impose a penalty, and, if one is imposed, its amount. If you dispute particulars of any conviction you should send written advice to that effect to the Registrar by the date specified in paragraph (2) above. A summons will then be issued.

*Note—If the offence alleged against you is a speeding offence detected by an approved speed camera, you may have certain defences under section 133 of the Land Transport Act 1998 . You should consult a lawyer immediately for advice about these defences and as to whether they are available to you.

Note—If you are in doubt consult a solicitor or the Registrar immediately.

The office hours of the Court are:

• Form 9A was inserted by regulation 3(1)(c) Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

• Form 9A, “NOTICE TO DEFENDANT OF HIS RIGHTS”, was amended by regulation 2 Summary Proceedings Regulations 1958, Amendment No 24 (SR 1993/314), by inserting in (1) the symbol “*”.

• Form 9A, the Note marked with the symbol “*” was inserted by regulation 2(2) Summary Proceedings Regulations 1958, Amendment No 24 (SR 1993/314).

• Form 9A was amended, as from 1 March 1999, by regulation 3 Summary Proceedings Amendment Regulations (No 6) 1998, by omitting the words “section 41B of the Transport Act 1962”, and substituting the words “section 133 of the Land Transport Act 1998”.

• Form 9A, paragraph (3)(c) was amended by regulation 4(1) Summary Proceedings Regulations 1958, Amendment No 13 (SR 1985/231), by substituting the words “section 19 of the Criminal Justice Act 1985” for the words “section 42 of the Criminal Justice Act 1954”.

• Form 9A, subclause (3)(c) was substituted, as from 30 June 2002, by regulation 7(1) Summary Proceedings Amendment Regulations 2002 (SR 2002/182).

Form 9B
Summons to defendant for a minor offence

Section 20A(8), Summary Proceedings Act 1957

CR number:

District Court:

Occupation:

Date of birth:

*Driver's licence number:

*Latest coupon issued by:

[Full name of informant], of [address, capacity in which acting] has filed a notice of prosecution for a minor offence, signed by him on [date], alleging that you the said [full name of defendant] did on [date] at [place] commit an offence against [here set out section and statute applicable] in that you [here set out brief details of the offence].

The facts on which this allegation is based are contained in the summary of facts set out in, or attached to, the said notice of prosecution.

You have indicated that you wish to deny the charge or to appear before the Court for that or another purpose* or a District Court Judge has directed that this summons be issued*.

You are therefore summoned to appear on [date, time], at the District Court at [place], to answer to the said notice of prosecution.

• Form 9B was inserted by regulation 4(1)(b) Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93).

• Form 9B was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.

Form 10
Reminder notice in respect of infringement offence

Section 21(2) and (3C)(b), Summary Proceedings Act 1957

Reminder notice number:

CR number:

Name:

Address:

Full name:

Full address:

Telephone number(s):

Date of birth:

Gender:

Occupation:

The informant alleges that you committed an infringement offence:

On: [date]

At: [place]

At: [time]

In that you: [specify details of offence]

The offence is one against [specify enactment and provision contravened].

Name or number, if any, of officer who issued notice: [specify]

The penalty for the offence is:

Infringement fee: $

Amount of infringement fee unpaid: $

Other fees [specify if any]: $

Total payable: $

Other penalties [specify if any]:

The infringement fee was payable to the informant within 28 days after [specify date infringement notice was delivered personally or posted].

The infringement fee remains payable to the informant at [specify informant's address at which fee may be paid].

The last day for payment is 28 days after service of this notice [specify date].

Payments by cheque should be made out to [specify name of payee] and crossed “Not Negotiable”.

[To be provided for filing in Court.]

Served by personal service/registered post/ordinary post*

On: [date of service]

Served by personal service/registered post/ordinary post*

On: [date of service]

At: [full address at which reminder notice served]

Queries or other correspondence related to the offence must be directed to the informant at the address specified above.

Please include in all written correspondence—

• the date of the alleged infringement offence; and

• the number of this reminder notice; and

• your full name and full address for replies.

If you wish to deny the offence or wish to have a Court consider submissions in respect of the offence, follow the directions in paragraphs 2 to 4 of the notes below.

Please read the notes below. If, after reading those notes, you do not understand something in them, you should consult a lawyer immediately.

You have not paid the infringement fee described on the front page, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice.

Note—If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into a time to pay arrangement with the informant in respect of an infringement fee payable by you, paragraphs 3 and 4 below do not apply and you are not entitled either to request a hearing to deny liability or to ask the Court to consider any submissions (as to penalty or otherwise) in respect of the infringement.

• 1 If you pay the infringement fee or the amount of the infringement fee remaining unpaid not later than the last day for payment, no further enforcement action will be taken against you. Payments should be made to the informant at the address shown on the front page of this notice.

• 2 If you wish to raise any matter relating to the circumstances of the alleged offence or to seek further information about the alleged offence, you should do so by writing to the informant at the address shown on the front page of this notice not later than the last day for payment.

• 3 If you wish to deny liability in respect of the alleged offence, you should, not later than the last day for payment, write to the informant at the address shown on the front page of this notice requesting a hearing in respect of the offence. The informant will then decide whether to commence court proceedings. If the informant does decide to commence court proceedings you will be served with a notice of hearing setting out the place and time at which the matter will be heard by the Court.

• Note—If the Court finds you guilty of the offence, costs will be imposed in addition to any penalty.

• 4 If you admit liability in respect of the alleged offence but wish to have the Court consider submissions as to penalty or otherwise, you should, not later than the last day for payment, write to the informant at the address shown on the front page of this notice requesting a hearing in respect of the offence and in that same letter

  • (a) admit liability in respect of the offence; and

  • (b) set out the submissions that you would wish to be considered by the Court.

• The informant will then, if it decides to commence court proceedings in respect of the offence, file your letter with the Court. You are not entitled to make oral submissions to the Court if you follow this course of action.

• Note—Costs will be imposed in addition to any penalty.

• 5 If you do not pay the infringement fee or the amount of the infringement fee remaining unpaid and do not request a hearing in respect of the alleged infringement offence not later than the last day for payment, you will become liable to pay costs in addition to a fine (if the informant decides to commence court proceedings against you). The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.

• 6 You will have a complete defence against proceedings relating to the alleged offence if the infringement fee, or the amount of the infringement fee remaining unpaid, is paid to the informant at the address shown on the front page of this notice not later than the last day for payment. Late payment or payment made to any other address will not constitute a defence to proceedings in respect of the alleged offence.

Note—All payments, all queries, and all correspondence about this reminder notice must be directed to the informant at the address shown on the front page of this notice.

• Form 10 was substituted by regulation 2 Summary Proceedings Regulations 1958, Amendment No 5 (SR 1969/275) and was revoked by regulation 4(1)(c) Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93).

• A new Form 10 was inserted by regulation 3 Summary Proceedings Regulations 1958, Amendment No 11 (SR 1981/228).

• Form 10 was substituted by regulation 3(1) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311), substituted again by regulation 2 Summary Proceedings Regulations 1958, Amendment No 22 (SR 1993/150), and substituted again, as from 1 November 1993, by regulation 3 Summary Proceedings Regulations 1958, Amendment No 24 (SR 1993/314).

• Form 10 was further substituted, as from 1 November 1998, by regulation 14(1) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

• Form 10 was further substituted, as from 1 March 1999, by regulation 4 Summary Proceedings Amendment Regulations (No 6) 1998 (SR 1998/450).

• Form 10 was further substituted, as from 1 February 2000, by regulation 2 Summary Proceedings Amendment Regulations 1999 (SR 1999/360).

• Form 10 was substituted, as from 10 October 2006, by regulation 9 Summary Proceedings Amendment Regulations 2006 (SR 2006/265).

Form 10A
Notice of hearing in respect of infringement offence

Section 21(6), (7), (8), Summary Proceedings Act 1957

CR number:

Name:

Address:

Name:

Address:

Date of birth:

Sex:

Occupation:

Driver's licence number:

An infringement notice [number of notice] was issued on [date of issue of notice] by [name or number, if any, of officer who issued notice] and served on the defendant on [date of service of notice] by [method of service].

The infringement notice alleges that on [date] at [place] the defendant committed an offence against [here set out enactment and provision applicable] in that the defendant [here set out details of the offence, including the registration number of any vehicle used in the offence].

*The informant served a reminder notice [number of reminder notice] in respect of the alleged offence on the Defendant on [date of service of reminder notice] by [method of service].

The defendant by notice in writing signed by the defendant and delivered to the informant on [date on which notice received by informant] requested a hearing in respect of the alleged offence.

*The defendant did not in that notice admit liability in respect of the alleged offence and accordingly the alleged offence will be heard by the District Court at [place] on [date, time].

*The defendant should attend that Court at that time.

*The defendant did in that notice admit liability in respect of the alleged offence and accordingly the defendant's notice is filed with this Notice of Hearing.

• 1 Failure to attend will result in the case being dealt with in your absence.

• 2 If the offence is proved, you will be ordered to pay costs in addition to any other penalty imposed.

• 3 If you are in doubt, you should consult a solicitor or the Registrar immediately.

• 4 If you change your address, please notify the Registrar immediately.

If you intend to give evidence of an alibi (by showing that you were not at the place where the offence was committed at the time it was committed), you must give notice to the prosecutor within 14 days after you plead not guilty to a summary offence.

• Form 10A was inserted by regulation 3 Summary Proceedings Regulations 1958, Amendment No 11 (SR 1981/228), and substituted by regulation 3(1) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

• Schedule 1 form 10A: amended, on 29 June 2009, by regulation 11 of the Summary Proceedings Amendment Regulations 2009 (SR 2009/131).

Form 11
Warrant of commitment on adjournment

Section 47, Summary Proceedings Act 1957

Number:

Date:

and to the Superintendent of the penal institution at [place]

The hearing of a charge of [substance of charge] against [full name], of [address, occupation] (hereinafter called the defendant), has been adjourned, and the defendant has been remanded in custody for the period of the adjournment.

I/We* direct you, the said constable(s), to deliver the defendant to the penal institution at [place], and you, the said Superintendent, to receive the defendant into your custody and to detain him until [day, date], when you are required to bring him to the District Court at [place] at [tine] to answer further to the charge.

I/We* hereby certify that I/we* have granted bail to the said [full name of defendant], subject to the following condition(s):

• Form 11 was amended by regulation 2(2) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211) by substituting the “Certificate of grant of bail” for the “Certificate of consent to bail by Court or Justice remanding prisoner”.

• Form 11 was amended, as from 1 April 1996, by regulation 2(4) Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26) by inserting the words “or Registrar” after the words “or Justice(s) of the Peace” and the words “or Justice(s)”.

• Form 11 was amended, as from 1 November 1998, by regulation 13(b) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the word “Justice(s)”, the words “or Community Magistrate(s)”.

• Form 11 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Superintendent”. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

• Form 11 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “prison” for the words “penal institution”. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Form 12

[Revoked]

• Forms 12, 12A, 13, and 14 were revoked, as from 1 August 1987, by regulation 2(2) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 12A

[Revoked]

• Forms 12, 12A, 13, and 14 were revoked, as from 1 August 1987, by regulation 2(2) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 13

[Revoked]

• Forms 12, 12A, 13, and 14 were revoked, as from 1 August 1987, by regulation 2(2) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 14

[Revoked]

• Forms 12, 12A, 13, and 14 were revoked, as from 1 August 1987, by regulation 2(2) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 15

[Revoked]

• Form 15 was revoked, as from 4 June 1974, by regulation 3(1)(d) Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136).

Form 16

[Revoked]

• Form 16 was substituted by regulation 2(4) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

• Form 16 was amended, as from 1 November 1998, by regulation 13(a) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice of the Peace”, the words “or Community Magistrate”.

• Form 16 was revoked, as from 1 January 2001, by regulation 3 Summary Proceedings Amendment Regulations 2000 (SR 2000/249).

Form 17

[Revoked]

• Forms 17, 18, 19, and 20 were revoked, as from 1 August 1987, by regulation 2(5) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 18

[Revoked]

• Forms 17, 18, 19, and 20 were revoked, as from 1 August 1987, by regulation 2(5) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 19

[Revoked]

• Forms 17, 18, 19, and 20 were revoked, as from 1 August 1987, by regulation 2(5) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 20

[Revoked]

• Forms 17, 18, 19, and 20 were revoked, as from 1 August 1987, by regulation 2(5) Summary Proceedings Regulations 1958, Amendment No 15 (SR 1987/211).

Form 21
Warrant to arrest defendant who does not appear

Section 61, Summary Proceedings Act 1957

Number:

Year:

[Full name], of [address, occupation], (hereinafter called the defendant), who is charged with [specify charge] was served with a summons a reasonable time before the day appointed for the hearing.

And the defendant has not appeared this day at the hearing.

And the offence charged is one in respect of which the defendant is entitled to elect to be tried by a jury (or, if the warrant is issued under para (b) and the defendant is liable on conviction to a sentence of imprisonment.)

I direct you to arrest the defendant and bring him before a District Court as soon as possible.

To every constable/[full name], constable*

[Full name], of [address, occupation], (hereinafter called the defendant), who is charged with [specify charge] following his arrest was released on bail to attend personally on the day appointed for the hearing.

And the defendant did not appear at the hearing.

I direct you to arrest the defendant and bring him before a District Court as soon as possible.

• Form 21 was amended, as from 1 April 1996, by regulation 2(5) Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26) by inserting the words “or Registrar” after the words “or Justice(s) of the Peace”.

• Form 21 was amended, as from 1 November 1998, by regulation 13(b) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice(s) of the Peace”, the words “or Community Magistrate(s)”.

Form 21A
Warrant to arrest defendant who does not attend personally

Sections 65, 66, Summary Proceedings Act 1957

Number:

Year:

[Full name], of [address, occupation] (hereinafter called the defendant), is charged with [specify charge].

The defendant is liable on conviction to a sentence of imprisonment and was not personally present at the hearing this day and I/we* think fit to issue a warrant to arrest him or her and bring him or her before a Court.

(or The offence charged is one in respect of which the defendant is entitled to elect to be tried by a jury and, the defendant not being personally present, his or her counsel (solicitor) has at the hearing this day informed the Court that the defendant does not so elect, but I/we* think fit to issue a warrant to arrest the defendant and bring him or her before a Court.)

I/We* direct you to arrest the defendant and bring him or her before a District Court/this Court* as soon as possible.

• Form 21A was inserted by regulation 2(1) Summary Proceedings Regulations 1958, Amendment No 23 (SR 1993/252).

• Form 21A was amended, as from 1 April 1996, by regulation 2(6) Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26) by inserting the words “or Registrar” after the words “or Justice(s) of the Peace”.

• Form 21A was amended, as from 1 November 1998, by regulation 13(b) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by inserting, after the words “Justice(s) of the Peace”, the words “or Community Magistrate(s)”.

Form 22
Criminal records

Section 71, Summary Proceedings Act 1957

District Court:

Number:

Hearing date:

Prosecutor:

[Set out full name and address of defendant]

Offence [give brief particulars]

Adjourned or remand dates:

Adjourned or remand dates:

• Form 22 was substituted by regulation 3(1)(e) Summary Proceedings Regulations 1958, Amendment No 7 (SR 1974/136) and amended by regulation 4(1)(d) Summary Proceedings Regulations 1958, Amendment No 8 (SR 1977/93) by substituting the word “RECORDS” for the words “RECORD BOOK”.

Form 23
Warrant to seize property where order for immediate payment of fine has not been complied with

Section 83(2)(a), Summary Proceedings Act 1957

To every bailiff or constable

The defendant [defendant's full name] of [defendant's current address], [defendant's current phone number(s)], [defendant's current occupation] was convicted by the District Court at [name] on [date] and was ordered to pay:

The Court ordered the defendant to pay the fine(s) immediately.

The amount remains (or the amounts remain) unpaid.

The Court has directed that a warrant to seize property be issued.

Unless the total amount stated below is paid, you are authorised to seize any property which is apparently the defendant's and deliver it to the Registrar at [place] District Court or to a person or place specified by the Registrar.

The Registrar must ensure the seized property is held until the total amount stated below is paid, the property is sold, or a District Court Judge decides what is to happen to the seized property.

You may, after producing this warrant to any person who appears to be in charge of the premises occupied by or controlled by the defendant, enter those premises, by force if necessary, if you have reasonable cause to believe that property belonging to the defendant is on the premises.

You may attach an immobilising device to a motor vehicle prior to, or instead of, seizing it.

Amount unpaid: $

Enforcement fee: $

Total: $

• Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

• Form 23 was substituted, as from 1 March 2007, by regulation 8 Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).

Form 24
Warrant of commitment where order for immediate payment of fine not complied with

Section 83(2)(b), Summary Proceedings Act 1957

Warrant number:

PPN:

and to the Superintendent of [specify prison]

The defendant, [defendant’s full name] of [address, occupation], was convicted of [specify conviction] by the [place] District Court on [date] and was ordered to pay the following amounts:

Reparation: $

Fine: $

Court costs: $

Other costs: $

On [date] the Court ordered the defendant to pay these amounts immediately.

Because the defendant has failed to comply with that order, the Court has directed that a warrant of commitment be issued for the imprisonment of the defendant for a period of [specify period].

You, the bailiff or constable, are directed to arrest the defendant and deliver the defendant to the Superintendent of [specify prison] unless the total amount stated below is paid before this warrant is executed.

And you, the manager, are directed to receive the defendant and imprison the defendant for a period of [specify period] or until notified by a Registrar that the total amount stated below has been paid.

Amount unpaid: $

Enforcement fee: $

Total: $

• Schedule 1 form 24: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

• Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

• Form 24 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Superintendent”. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Form 25
Warrant to seize property for unpaid fine

Sections 87(1)(a), 88(3)(a), 93, and 100F, Summary Proceedings Act 1957

District Court:

PPN:

Defendant's gender:

• 1 [Full name, address, telephone number(s)] (the defendant) was ordered to pay the fines specified in the Schedule to this warrant.

  The fines have not been paid.

  Unless the total amount stated below is paid, you are authorised to seize any property that apparently belongs to the defendant. This includes any motor vehicle that is jointly owned by the defendant and another person or persons.

  Amount unpaid: $

  Enforcement fee: $

  Total: $

• 2 Omit this paragraph if it does not apply.

  [Full name, address, telephone number(s), date of birth] (the substitute) was served with a written caution on [date] that a motor vehicle belonging to the substitute could be seized if the defendant defaults in paying another fine for a traffic offence committed using a motor vehicle belonging to the substitute.

  The amount of overdue fines arising out of the defendant's use of the substitute’s motor vehicle(s), excluding seizure costs, is: $[amount].

  Unless those fines are paid, you are authorised to seize any motor vehicle that apparently belongs to the substitute. This includes any motor vehicle that is jointly owned by the substitute and another person or persons.

• 3 You may do any of the following:

  • (a) if you have reasonable cause to believe that any property belonging to the defendant is on premises occupied by or under the control of the defendant, you may, after producing the warrant to any person apparently in charge of those premises, enter those premises, by force if necessary:

  • (b) if you have reasonable cause to believe that a motor vehicle in which the defendant or the substitute appears to have an ownership interest or other interest is on any premises, you may, after producing the warrant to any person apparently in charge of the premises, enter those premises, by force if necessary:

  • (c) you may seize a motor vehicle in which the defendant or the substitute appears to have an ownership interest or other interest, regardless of the likely resale value of the motor vehicle or the extent of the defendant’s or the substitute’s interest in the motor vehicle:

  • (d) if the motor vehicle in which the defendant or the substitute appears to have an ownership interest or other interest has been impounded for 14 days, you may seize the motor vehicle from an impoundment yard:

  • (e) you may immobilise a motor vehicle prior to, or instead of, seizing it.

• 4 You must deliver seized property to the Registrar of the District Court at [place] or to a person or place specified by the Registrar.

• Schedule 1 form 25: substituted, on 1 December 2009, by regulation 4(1) of the Summary Proceedings Amendment Regulations (No 2) 2009 (SR 2009/361).

• Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

• Form 25 was substituted, as from 1 March 2007, by regulation 8 Summary Proceedings Amendment Regulations (No 2) 2006 (SR 2006/396).

Form 26
Attachment order for unpaid fines

Sections 87(1)(b), 88(3)(a), and 103, Summary Proceedings Act 1957

To [full name of employer]

[full address of employer]

The Court is satisfied that you are the employer of the defendant, [defendant's full name] of [defendant's current address].

The defendant has an unpaid fine (or unpaid fines).

Because of this, the Court has imposed this attachment order on the defendant's salary or wages. This means that, as their employer, you must make the following deductions from the defendant's salary or wages to recover the outstanding fine(s):

• 1 The specified weekly amount becomes due on each [specify day of the week]. You must deduct all specified weekly amounts that have become due since the date of the last deduction from each amount of salary or wages that becomes payable to the defendant.

• 2 You must make the first deduction from the next amount of salary or wages.

• 3 You must continue to make deductions until [specify the date the order expires] or until you are advised by the District Court that this attachment order has been varied, suspended, or cancelled.

• 4 This order replaces any existing attachment order for unpaid fines owed by the defendant.

• 5 All deductions must be paid by the 20th day of the following month to—

  • • the Registrar of the Court; or

  • • the Ministry of Justice trust account, [specify details].

• 6 However, if the deduction of the specified weekly amount and any deductions of a kind described in note 4 below have the combined effect of reducing the defendant's net earnings below the protected earnings rate of $[specify protected earnings rate] per week, you must reduce the amount of the deduction under this order to leave the defendant with the protected earnings rate or, if necessary, cancel the deduction.

• 7 You must notify this Court within 7 days if the defendant leaves or is dismissed from your employment.

• 8 Please notify the Court immediately if you have to reduce or cancel a deduction.

• 1 In this attachment order—

  • (a) the term salary or wages includes—

    • (i) a retiring allowance, pension, or other payment of a similar nature:

    • (ii) all payments of weekly compensation made by the Accident Compensation Corporation under the Injury Prevention, Rehabilitation, and Compensation Act 2001:

    • (iii) a bonus or incentive payment:

    • (iv) a payment of commission:

    • (v) a payment in consideration of work performed under a contract for services:

    • (vi) a benefit; and

  • (b) the term employer includes, in relation to the payments of the kind referred to above, the person or body making the payments.

• 2 While this order is in force, you must make deductions from all salary or wages due to the defendant, whether or not they are due under an employment contract entered into before or after this order was made.

• 3 This attachment order has priority over any deduction created by the defendant whether before or after the date of this order. For example, deductions under this order from the defendant's salary or wages must be made before or instead of deductions for insurance premiums or loan repayments.

• 4 Only the following have priority over this attachment order:

  • (a) attachment orders and deduction notices under the—

    • (i) Social Security Act 1964:

    • (ii) Family Proceedings Act 1980:

    • (iii) Child Support Act 1991:

    • (iv) Tax Administration Act 1994:

  • (b) any recovery of payments under section 86 of the Social Security Act 1964.

• 5 You cannot charge a fee for administering this order.

• 6 If you do not make the required deductions and pay them to the Court or the Ministry of Justice trust account—

  • (a) these amounts become a debt due by you to the Crown; and

  • (b) the Crown could take court action against you to recover this debt.

• 7 It is an offence under sections 106 and 106A of the Summary Proceedings Act 1957 to—

  • (a) fail to comply with this order without reasonable excuse:

  • (b) dismiss the defendant or alter the defendant's position in your business or undertaking to the defendant's prejudice by reason of—

    • (i) the defendant having been ordered to pay 1 or more fines:

    • (ii) your receiving this attachment order:

    • (iii) becoming aware that an attachment order is being made or has been made in respect of the defendant.

• However, this does not affect your right to take disciplinary action against the defendant for breaching a condition of the defendant's employment that relates to—

  • (a) the commission of an offence; or

  • (b) the failure to pay any fine in full before enforcement action is due.

• 8 If you do not understand your obligations under this order, you should consult a lawyer or the Registrar of the Court immediately.

• Schedule 1 form 26: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

• Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

• Form 26 was substituted, as from 1 November 1998, by regulation 14(1) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292).

• Form 26 was substituted, as from 10 October 2006, by regulation 9 Summary Proceedings Amendment Regulations 2006 (SR 2006/265).

Form 27
Warrant to arrest defendant for unpaid fine

Section 88(2B), Summary Proceedings Act 1957

To every bailiff or constable

[Full name], of [address, occupation], was ordered to pay the fine(s) specified in the Schedule to this warrant.

The fine remains (or fines remain) unpaid.

An order has been made that the defendant be brought before a Registrar/District Court Judge/Community Magistrate* for the purpose of determining what action should be taken in respect of the enforcement of the unpaid fine(s).

I direct you to arrest the defendant and bring the defendant before the Registrar/District Court Judge/Community Magistrate* as soon as possible unless the defendant pays the total amount stated below.

Amount unpaid: $

Enforcement fee: $

Total amount: $

• Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

• Form 27 was amended, as from 1 November 1998, by regulation 13(d) Summary Proceedings Amendment Regulations (No 4) 1998 (SR 1998/292) by substituting the words “TO: Every Bailiff or Constable” for the words “TO: Every Constable”.

• Form 27 was substituted, as from 10 October 2006, by regulation 9 Summary Proceedings Amendment Regulations 2006 (SR 2006/265).

Form 28
Warrant of commitment for unpaid fine

Section 88(3)(b), Summary Proceedings Act 1957

Warrant number:

PPN:

and to the Manager of [specify prison]

The defendant, [defendant's full name] of [address, occupation], was ordered to pay the fine(s) specified in the Schedule of this warrant.

*The amount remains unpaid.

*The amounts remain unpaid.

Because of this, I have directed that a warrant of commitment be issued for the imprisonment of the defendant for a term of [specify term].

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of imprisonment imposed on the defendant at [place] District Court, on [date], CRN [specify number].

*This sentence is to be served after (that is, cumulatively with) the sentence of imprisonment imposed on the defendant at [place] District Court, on [date], CRN [specify number].

You, the bailiff or constable, are directed to arrest the defendant and to deliver the defendant to the manager of [specify prison] unless the total amount stated below is paid before this warrant is executed.

You, the prison manager, are directed to receive the defendant and imprison the defendant for a term of [specify term] or until notified by a Registrar that the total amount stated below has been paid.

Amount unpaid: $

Enforcement fee: $

Total: $

• Schedule 1 form 28: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

• Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

• Form 28 was amended, as from 1 June 2005 by section 207 Corrections Act 2004 (2004 No 50) by substituting the word “Manager” for the word “Superintendent”. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Form 28A
Order for sentence of home detention for unpaid fine

Section 88(3)(ba), Summary Proceedings Act 1957

PNN:

To [defendant's full name] of [current address], [current occupation], [current phone number(s)]

You have been ordered to pay the fine(s) specified in the Schedule of this order.

*The amount remains unpaid.

*These amounts remain unpaid.

Because of this, on [specify date of sentence], a District Court Judge or Community Magistrate sentenced you to home detention for a period of [specify period] starting on [specify home detention start date].

You must serve your sentence at [specify home detention address].

*You must go to this address and begin serving your sentence immediately.

*You must go to this address and begin serving your sentence on [specify home detention start date].

During your sentence, you must comply with the standard detention conditions listed in paragraph 1 of the “Important information” sheet attached. These conditions finish on [specify standard conditions end date].

*In addition, you must comply with the following special detention conditions:

*[specify special conditions].

*These finish on [specify special conditions end date].

To ensure you comply with this sentence, you may be monitored electronically.

*After you have completed your sentence on [specify home detention end date], you must comply with the standard post-detention conditions set out in paragraph 7 of the “Important information” sheet attached. These finish on [specify standard post-detention conditions end date].

*You must also comply with the following special post-detention conditions:

*[specify special post-detention conditions].

*These finish on [specify special post-detention conditions end date].

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of home detention imposed in the High Court at [place] on [date], CRN [specify case reference number].

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of home detention imposed in the District Court at [place] on [date], CRN [specify case reference number].

*This sentence is to be served after (that is, cumulatively with) the sentence of home detention imposed in the High Court at [place] on [date], CRN [specify case reference number].

*This sentence is to be served after (that is, cumulatively with) the sentence of home detention imposed in the District Court at [place] on [date], CRN [specify case reference number].

If you pay $ [specify total amount owing] to the Court, this sentence will be cancelled.

Order served on defendant at [time] am/pm* on [date].

I, the defendant, have received a copy of this order.

Department of Corrections advised of order on [date].

• 1 You must comply with the following standard detention conditions:

  • (a) you are under the supervision of a probation officer. You must co-operate with the probation officer and comply with any lawful direction given by that probation officer:

  • (b) you must NOT leave the home detention residence at any time, except as outlined in paragraph 2 below:

  • (c) you must keep a copy of this order in your possession at all times. You must produce this order for inspection if a member of the police or a probation officer asks you to do so:

  • (d) you must, when required to do so by a probation officer, submit to the electronic monitoring of compliance with your detention conditions:

  • (e) a probation officer may direct you not to engage, or continue to engage, in a specific employment or occupation. If a probation officer gives you that direction, you must not engage, or continue to engage, in that employment or occupation:

  • (f) a probation officer may give you a written direction not to associate with any specified person, or with persons of a specified class. If a probation officer gives you that written direction, you must not associate with that specified person or with persons of that specified class:

  • (g) a probation officer may direct you to take part in an assessment of your rehabilitative and reintegrative needs. If and when you are directed to do so, you must take part in that assessment.

• 2 You may leave your home detention residence ONLY in the following circumstances:

  • (a) to seek urgent medical or dental treatment; or

  • (b) to avoid or minimise a serious risk of death or injury to yourself or another person; or

  • (c) with the approval of a probation officer,—

    • • to comply with any special condition of your sentence of home detention:

    • • to seek or engage in employment:

    • • to attend training or other rehabilitative or reintegrative activities or programmes:

    • • to attend a restorative justice conference or other process related to your offending:

    • • to carry out any undertaking arising from any restorative justice process:

    • • for any other purpose that has been approved specifically by a probation officer, such as the completion of a concurrent community work sentence.

• 3 A probation officer may approve an alternative residence while an application to vary your home detention residence is being considered.

• 4 If you have been sentenced to home detention for 6 months or more, and you have completed three-quarters of your sentence, a probation officer may authorise you to spend up to 4 hours per day away from your home detention residence without a specified purpose. The probation officer may authorise such absences for any or all of the remaining days of the sentence.

If you do not comply with the standard detention conditions, without reasonable excuse, you could be arrested and prosecuted. You could be liable to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000.

• 5 You must allow a probation officer to enter your home detention residence if you are required to be there at that time.

• 6 You must also allow an authorised person to enter your home detention residence at any time if the authorised person seeks entry to service or inspect the electronic monitoring equipment.

If you do not comply with these other detention requirements, without reasonable excuse, you could be arrested and prosecuted. You could be liable to imprisonment for a term not exceeding 3 months or be liable to a fine not exceeding $5,000.

• 7 After you have completed your sentence, you must comply with the following standard post-detention conditions:

  • (a) you must report to a probation officer whenever you are directed to do so:

  • (b) you must tell a probation officer, if he or she asks you to do so, where you are living and the nature and place of any employment you undertake:

  • (c) if you plan to move within a probation area, you must give a probation officer reasonable notice (unless prior notification is impossible) before moving. You must advise a probation officer of your new address:

  • (d) you must have written permission from a probation officer before you move to a new residential address in another probation area. You must report to a probation officer in your new probation area as soon as you can, and not later than 72 hours, after you arrive in the new probation area:

  • (e) you must not live at any address that a probation officer has directed you not to live at:

  • (f) a probation officer may direct you to not engage, or continue to engage, in a specific employment or occupation. If a probation officer gives you that direction, you must not engage, or continue to engage, in that employment or occupation:

  • (g) a probation officer may give you a written direction not to associate with any specified person, or with persons of a specified class. If a probation officer gives you that written direction, you must not associate with that specified person or with persons of that specified class:

  • (h) a probation officer may direct you to take part in an assessment of your rehabilitative and reintegrative needs. If and when you are directed to do so, you must take part in that assessment.

If you do not comply with these standard post-detention conditions, without reasonable excuse, you could be arrested and prosecuted. You could be liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500.

• 8 You, or a probation officer, may apply to vary or cancel your home detention sentence under section 80F of the Sentencing Act 2002.

• 9 You, or a probation officer, may apply to vary or discharge your post-detention conditions under section 80R of the Sentencing Act 2002.

• Schedule 1 form 28A: inserted, on 1 October 2007, by regulation 6(1) of the Summary Proceedings Amendment Regulations 2007 (SR 2007/294)

Form 28B
Order for sentence of community detention for unpaid fine

Section 88(3)(bb), Summary Proceedings Act 1957

PPN:

To [defendant's full name] of [current address], [current occupation], [current phone number(s)]

You have been ordered to pay the fine(s) specified in the Schedule of this order.

*The amount remains unpaid.

*These amounts remain unpaid.

Because of this, on [specify date of sentence], a District Court Judge or Community Magistrate sentenced you to [specify number] months, [specify number] weeks, and [specify number] days of community detention. This sentence starts on [specify sentence start date].

During this sentence, you will be subject to a curfew. This means that you must be at the curfew address [specify curfew address] during the curfew period.

*Your curfew starts every day at [specify time] and finishes at [specify time].

*Your curfew starts on [specify day] day at [specify time] and finishes on [specify day] day at [specify time].

*Your curfew starts every week on [specify day] at [specify time] and finishes on [specify day] at [specify time].

*Your curfew starts every month on [specify day] at [specify time] and finishes on [specify day] at [specify time].

To ensure you comply with this sentence, you may be monitored electronically.

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of community detention imposed in the High Court at [place] on [date], CRN [specify case reference number].

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of community detention imposed in the District Court at [place] on [date], CRN [specify case reference number].

*This sentence is to be served after (that is, cumulatively with) the sentence of community detention imposed in the High Court at [place] on [date], CRN [specify case reference number].

*This sentence is to be served after (that is, cumulatively with) the sentence of community detention imposed in the District Court at [place] on [date], CRN [specify case reference number].

You must report in person to a probation officer in the probation area in which you reside as soon as practicable, and not later than 24 hours, after [specify start date of sentence]. If the 24 hours elapses on a weekend or a public holiday, you must report on the next working day instead.

If you pay $ [total amount owing] to the Court, this sentence will be cancelled.

Order served on defendant at [time] am/pm* on [date].

Signature:

(Bailiff/Registrar/Court Officer*)

I, the defendant, have received a copy of this order.

Department of Corrections advised of order on [date].

• 1 You must comply with the following community detention general conditions:

  • (a) you must report to a probation officer whenever you are directed to do so by the probation officer during your sentence:

  • (b) you must tell a probation officer where you are living, including any change of address, and the nature and place of any employment you are undertaking if you are asked to do so:

  • (c) you must keep a copy of this order in your possession at all times. You must produce this order for inspection if a member of the police or a probation officer asks you to do so.

• 2 You must comply with the following curfew conditions:

  • (a) during the curfew, you are under the supervision of a probation officer and must comply with any lawful direction given by that probation officer:

  • (b) during the curfew, you must NOT leave the curfew address, except in the circumstances set out in paragraph 3 below.

• 3 During the curfew, you may leave the curfew address ONLY in the following circumstances:

  • (a) to seek urgent medical or dental treatment:

  • (b) to avoid or minimise a serious risk of death or injury to yourself or another person:

  • (c) if a probation officer agrees, on humanitarian grounds. You must comply with any conditions imposed by that probation officer:

  • (d) if you are also completing a sentence of supervision or intensive supervision at the same time as (that is, concurrently with) this sentence, and a probation officer agrees, you may leave the curfew address during your curfew period to:

    • • seek or engage in employment:

    • • attend training or other rehabilitative or reintegrative activities or programmes:

    • • attend a restorative justice conference or other process related to your offending:

    • • carry out any undertaking arising from any restorative justice process.

If you do not comply with the community detention general conditions or the community detention curfew conditions, without reasonable excuse, you could be arrested and prosecuted. You could be liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500.

• 4 You must allow a probation officer to enter your curfew address if you are required to be there at that time

• 5 You must also allow an authorised person to enter your curfew address at any time if the authorised person seeks entry to service or inspect the electronic monitoring equipment. also allow an authorised person to enter your curfew address at any time if the authorised person seeks entry to service or inspect the electronic monitoring equipment.

If you do not comply with these other community detention requirements, without reasonable excuse, you could be arrested and prosecuted. You could be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.

• 6 You, or a probation officer, may apply to vary or cancel your community detention sentence under section 69I of the Sentencing Act 2002.

• Schedule 1 form 28B: inserted, on 1 October 2007, by regulation 6(1) of the Summary Proceedings Amendment Regulations 2007 (SR 2007/294)

Form 29

[Revoked]

• Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

• Form 29 was revoked, as from 30 June 2002, by regulation 7(2) Summary Proceedings Amendment Regulations 2002 (SR 2002/182).

Form 30
Order for sentence of community work for unpaid fine

Section 88(3)(c), Summary Proceedings Act 1957

PPN:

To [defendant's full name] of [current address], [current occupation], [current phone number(s)]

You have been ordered to pay the fine(s) specified in the Schedule of this order.

*The amount remains unpaid.

*These amounts remain unpaid.

Because of this, on [specify date of sentence], a District Court Judge or Community Magistrate sentenced you to [specify hours of community work] hours of community work.

*You must report to a probation officer in the probation area in which you reside as soon as practicable, and not later than 72 hours after [specify date of sentence].

*The start of your sentence is deferred until [specify sentence start date]. You must report to a probation officer in the probation area in which you reside on that date.

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of community work imposed in the High Court at [place] on [date], CRN [specify case reference number].

*This sentence is to be served at the same time as (that is, concurrently with) the sentence of community work imposed in the District Court at [place] on [date], CRN [specify case reference number].

*This sentence is to be served after (that is, cumulatively with) the sentence of community work imposed in the High Court at [place] on [date], CRN [specify case reference number].

*This sentence is to be served after (that is, cumulatively with) the sentence of community work imposed in the District Court at [place] on [date], CRN [specify case reference number].

*The probation officer may allow you to complete up to 20% of your sentence as training in basic work and living skills.

If you pay $ [total amount owing] to the Court, this sentence will be cancelled.

Order served on defendant at [time] am/pm* on [date].

Signature:

(Bailiff/Registrar/Court Officer*)

I, the defendant, have received a copy of this order.

Department of Corrections advised of order on [date].

• 1 You must comply with the following community work conditions:

  • (a) you must report to a probation officer whenever you are directed to do so during your sentence:

  • (b) you must work as directed by a probation officer until you have completed your sentence:

  • (c) if you move to a new residential address, you must advise a probation officer of your new residential address within 72 hours:

  • (d) if the probation officer is not satisfied with the quality of your work, he or she can refuse to count these hours towards your sentence. This means that you could be required to complete further hours not exceeding 10% of your total sentence:

  • (e) a probation officer may remit up to 10% of your sentence if he or she is satisfied with your compliance with your sentence.

• 2 The following conditions apply to your sentence:

  • (a) you may have to work a maximum of 10 hours in 1 day and a maximum of 40 hours in one week:

  • (b) if you are sentenced to 100 hours or less of community work, you must serve your sentence within 6 months of its start date:

  • (c) if you are sentenced to more than 100 hours of community work, you must serve at least 100 hours in every 6-month period from your sentence's start date until all the hours in it are served:

  • *(d) if you fail, without reasonable excuse, to complete training in basic work and living skills, the hours that you spent undertaking that training will not be counted towards your sentence.

  *Delete if inapplicable.

If you do not comply with these conditions, without reasonable excuse, you could be arrested and prosecuted. You could be liable to imprisonment for a term not exceeding 3 months or be liable to a fine not exceeding $1,000.

• 3 Your sentence can be varied or cancelled by the Court following an application from you or a probation officer under section 68 of the Sentencing Act 2002.

• Schedule 1 form 30: substituted, on 1 October 2007, by regulation 6(2) of the Summary Proceedings Amendment Regulations 2007 (SR 2007/294).

Form 31

[Revoked]

• Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

• Form 31 was revoked, as from 30 June 2002, by regulation 7(4) Summary Proceedings Amendment Regulations 2002 (SR 2002/182).

Form 31A
Order for return of defendant if conditions of section 88(3) order not complied with

Section 88(9), Summary Proceedings Act 1957

District Court:

PPN:

The defendant, [defendant's full name] of [address, occupation], was as a result of failing to pay his or her fine(s), ordered on [date] to comply with the following conditions:

[specify conditions]

If the defendant does not comply with 1 or more of these conditions, you are directed to arrest the defendant and bring the defendant before a District Court Judge or Community Magistrate to determine what further action should be taken to enforce the payment of the fine(s).

This order may not be executed until the defendant ceases to comply with any of the conditions of the order.

• Schedule 1 form 31A: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

• Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

• Form 31A was inserted by regulation 2(2) Summary Proceedings Regulations 1958, Amendment No 23 (SR 1993/252).

• Form 31A was amended, as from 1 April 1996, by regulation 3(8) Summary Proceedings Regulations 1958, Amendment No 25 (SR 1996/26) by substituting the words “by a Constable or Bailiff until such time as the defendant ceases to comply with the conditions of the order” for the words “until such time as the Registrar advises the Constable or Bailiff that the Defendant has not complied with the conditions imposed at the time of the order”.

Form 32
Notice of property other than motor vehicle seized under warrant

Section 94(4), Summary Proceedings Act 1957

District Court:

PPN:

[Defendant's address]

You have not paid the fine(s) listed in the attached Schedule. Because of this, a warrant to seize property has been executed against your property.

The seized property is listed below and/or in the attachment.

You must, within 7 days after the date on this notice,—

• notify the Registrar as to whether the seized property is yours; and

• supply the name and address of any other person who has an interest in any of the property (as owner or otherwise).

The seized property will be returned if, within 7 days after the date on this notice, you pay the total amount stated below and the costs of removing and storing the property. Payment must be made to this District Court.

The seized property may be sold without further notice if, after 7 days from the date of this notice,—

• the fine remains unpaid; and

• no claim in respect of the property has been made by a person other than yourself.

The money received from the sale of the property will be used to pay your fine(s) and the costs of seizing, storing, and selling the property.* Any remaining money will be paid to you unless a court orders otherwise.

If you do not understand this notice, you should consult a lawyer or a Registrar at the Court immediately.

Amount unpaid: $

Enforcement fee: $

Total (excluding expenses*): $

[Describe each item seized, giving an identification number if possible.]

If you interfere with, rescue, or attempt to rescue seized property, you could be arrested and prosecuted. You could be imprisoned for up to 3 months or fined up to $2,000.

• Schedule 1 form 32: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

• Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

• Schedule 1 form 32 heading: amended, on 1 December 2009, by regulation 4(2) of the Summary Proceedings Amendment Regulations (No 2) 2009 (SR 2009/361).

Form 32A
Summons to hearing of claim for seized property

Section 96(3), Summary Proceedings Act 1957

PPN:

of [address]

This summons relates to property seized from you or from [defendant's full name] of [defendant's address] under a warrant to seize property executed on [date].

You are summoned to appear before a District Court Judge at the [place] District Court on [date, time] for the hearing of a claim*/your claim* in respect of—

• *•the seized property (see list of property claimed below):

• *•the value of the seized property:

• *•he proceeds from the sale of the seized property.*

Property claimed: [list below and/or in attached Schedule, including vehicle type and registration number where relevant].

The purpose of this hearing is to enable a District Court Judge to determine matters arising from the claim to the seized property, for example,—

• the ownership of the seized property:

• whether the seized property should be sold (if not already sold):

• liability for towing and storage costs incurred:

• the distribution of proceeds from the sale of the seized property.

• Schedule 1 form 32A: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

• Forms 23 to 32A were substituted, as from 1 August 1987, by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

Form 32AA
Warrant to arrest defendant to determine defendant's financial circumstances

Section 106E(3), Summary Proceedings Act 1957

Warrant number:

District Court:

PPN:

The defendant, [defendant's full name], of [address, occupation], was ordered to pay the fine(s) specified in the Schedule of this warrant.

*The amount remains unpaid.

*These amounts remain unpaid.

Because of this, a District Court Judge has, for the purpose of determining whether to impose a sentence of home detention or issue a warrant of commitment for the non-payment of the fine(s), directed that the defendant be brought before a District Court Judge in order to assess the defendant's financial ability to pay the total amount stated below.

Unless the total amount stated below is paid before this warrant is executed, you must arrest the defendant and bring the defendant before a District Court Judge as soon as possible.

Amount unpaid: $

Enforcement fee(s) $

Total: $

• Schedule 1 form 32AA: substituted, on 1 March 2008, by regulation 7(1) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

• Forms 23 to 32A were substituted by regulation 3(2) Summary Proceedings Regulations 1958, Amendment No 16 (SR 1987/311).

• Form 32AA was inserted by regulation 2(3) Summary Proceedings Regulations 1958, Amendment No 23 (SR 1993/252).

Form 32B
Claim to seized property

Sections 96, 97, 100Q, 100T, and 100U, Summary Proceedings Act 1957

PPN:

District Court [specify]

This claim relates to property seized under a warrant to seize property executed against [full name, address] on [date of seizure].

I, [name of claimant] of [address, occupation], claim the following interest in respect of—

• *• the seized property:

• *• the value of the seized property:

• *• the proceeds of the sale of the seized property.

[Describe property including nature (and, if relevant, amount) of interest claimed.]

The grounds of my claim are: [state grounds here and continue on a separate page if necessary].

To prevent the sale of the seized property, the claimant must deposit with the Court the amount specified by a Registrar as the estimated value of that property, or provide other satisfactory security.

If not, the seized property may be sold as if no claim had been made.

However, the money from the sale will be held until a District Court Judge has considered all claims to the seized property and has decided how the money is to be distributed.

If the claim is for an interest in the property as an owner under a hire purchase agreement or under a bill of sale or otherwise as security for a debt, a District Court Judge may in any case order the sale of the property, and may direct that the proceeds be applied as the Judge sees fit.

• Schedule 1 first form 32B: inserted, on 1 March 2008, by regulation 7(2) of the Summary Proceedings Amendment Regulations (No 2) 2007 (SR 2007/385).

• Schedule 1 first form 32B heading: amended, on 1 December 2009, by regulation 4(3) of the Summary Proceedings Amendment Regulations (No 2) 2009 (SR 2009/361).

• Schedule 1 first form 32B: amended, on 1 December 2009, by regulation 4(4)(a) of the Summary Proceedings Amendment Regulations (No 2) 2009 (SR 2009/361).

• Schedule 1 first form 32B: amended, on 1 December 2009, by regulation 4(4)(b) of the Summary Proceedings Amendment Regulations (No 2) 2009 (SR 2009/361).

Form 32BA
Notice of motor vehicle seized under warrant

Section 100F(6), Summary Proceedings Act 1957

District Court:

PPN:

• 1 For this paragraph, select the statement that applies.

• Statement A (Select this statement if notice given to defendant.)

• You have not paid the fines listed in the attached Schedule. The total amount you owe is stated below.

  Amount unpaid: $

  Enforcement fee: $

  Total: $

• Statement B (Select this statement if notice given to substitute.)

• You were served with a written caution on [date] that a motor vehicle owned by you could be seized if [full name, address] (the defendant) defaulted, within 4 years after that caution, in paying another fine for a traffic offence committed while using a motor vehicle belonging to you. This has happened.

  The defendant has not paid the fines listed in the attached Schedule. The total amount of overdue fines arising out of the defendant's use of your motor vehicle(s), excluding seizure costs, is $[amount].

• 2 Because of these unpaid fines, a warrant to seize property for unpaid fines has been executed against a motor vehicle/motor vehicles* in which you have an ownership interest or other interest.

  *Select one.

• 3 The following motor vehicle/vehicles* belonging to you has/have* been seized under this warrant: [describe each motor vehicle seized, giving the make and model, year of first registration, and registration number].

• 4 You must, within 7 days after the date of this notice, notify the Registrar of the District Court at [place]—

  • (a) whether you own or have an interest in the motor vehicle/vehicles*; and

  • (b) of the name and address of any other person who owns or has an interest (including any encumbrance) in the motor vehicle/vehicles*.

  *Select one.

If you have any queries, phone this court on [telephone number].

If you interfere with, rescue, or attempt to rescue seized property, you could be arrested and prosecuted. You could be imprisoned for up to 3 months or fined up to $2,000.

• 1 Within 7 days after the date on this notice,—

  • (a) the seized motor vehicle/vehicles* will be returned if you pay the total amount stated in paragraph 1 of this form, and the costs of removing and storing the motor vehicle/vehicles*, to the District Court. (The court will tell you the amount of these costs.)

    The seized motor vehicle/vehicles* will be returned to the person it was/they were* seized from.

    If any seized motor vehicle was seized from an impoundment yard, you will also have to pay the impoundment costs. The motor vehicle will be released at the end of the impoundment period. If these costs are not paid by the date set by the court, the motor vehicle may be sold to recover these costs:

    *Select one.

  • (b) if any seized motor vehicle is financed or leased, you must tell the finance company or the leasing company that it has been seized by the court. If you do not do so, and a person with a financial interest in that motor vehicle loses money through its sale, you may have to compensate them for their loss:

  • (c) a person who owns or has an interest in any seized motor vehicle (other than you or a joint owner) can claim that motor vehicle by submitting a written application to this District Court. The claim form is available from the District Court. If the claim is successful, and the motor vehicle has not already been sold, it will be returned. If the motor vehicle has been sold, the money from the sale will be returned instead.

    You can prevent the sale of any seized motor vehicle before a claim is considered by the court by paying the costs for at least 8 days' storage, and any recurring storage costs.

• 2 After those 7 days, the seized motor vehicle/vehicles* will be sold.

  *Select one.

• 3 For this paragraph, select the statement that applies.

• Statement A (select this statement if motor vehicle(s) seized from defendant)

• The money received from the sale will be used to pay the fines and the seizure and sale costs, including any motor vehicle impoundment costs. Any remaining money will be paid to you or the motor vehicle owner(s) unless a court decides otherwise.

• Statement B (select this paragraph if motor vehicle(s) seized from substitute)

• The money received from the sale will be used to pay the fines incurred for traffic offences committed by the defendant in your motor vehicle(s) and the seizure and sale costs and any impoundment costs. Any remaining money will be paid to you or the motor vehicle owner(s) unless a court decides otherwise.

• 1 You can challenge the seizure of a motor vehicle within 7 days after the date on this notice on any of the following grounds:

  • (a) at any time when the traffic offences specified in the attached Schedule were committed by the defendant,—

    • (i) you did not own or have an interest in the motor vehicle; or

    • (ii) the motor vehicle was stolen or converted; or

    • (iii) the motor vehicle had been let on hire in accordance with a rental service licence under the Land Transport Act 1998; or

  • (b) you took all reasonable steps to prevent the defendant from committing the traffic offence(s); or

  • (c) you had not been served with a written caution that your motor vehicle(s) could be seized and sold to pay the defendant’s fines if the defendant defaulted in paying another fine for a traffic offence committed in your motor vehicle(s); or

  • (d) you were a party to an encumbrance such as a hire purchase agreement relating to the motor vehicle and had no other relationship with the defendant.