Victorian Current Acts Victorian Current Acts(1) There is a presumption in favour of proceeding by summons if an accused is a child.
(2) A police officer must have regard to this presumption in commencing a criminal proceeding against a child.
(3) For the avoidance of doubt, subsection (2) does not affect the ways in which a criminal proceeding against a child may be commenced by a police officer.
S. 345(4) amended by No. 6/2018 s. 68(Sch. 2 item 20.3).
(4) On the filing of a charge-sheet against a child a registrar must not issue in the first instance a warrant to arrest unless satisfied by evidence on oath or by affirmation or by affidavit that the circumstances are exceptional.
(5) Subsection (4) has effect despite anything to the contrary in section 12 of the Criminal Procedure Act 2009 .