Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p12
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 12/48)
Character Range: 42212–44852

of the summons and information.
Note: If the accused does not appear before the Court on a day the accused is required to appear in accordance with the summons, the Court may issue a warrant for the arrest of the accused—see rule 9.02.

2.02  Accused to file notice of address for service
  An accused who has been served with a summons and information in accordance with rule 2.01 must, as soon as practicable, file a notice of address for service.
Note: The filing of a notice of address for service does not amount to a submission to the jurisdiction of the Court.

2.03  What happens if accused does not appear or enter guilty plea
 (1) If:
 (a) the accused in summary criminal proceedings does not appear before the Court on the return date for the summons; and
 (b) the Court is satisfied that the summons and information have been served in accordance with rule 2.01;
the Court may proceed to hear the matter in the absence of the accused.
Note: The Court may instead issue a warrant for the arrest of the accused—see rule 9.02.
 (2) If the accused in summary criminal proceedings appears before the Court and does not enter a plea of guilty when directed by the Court to enter a plea, the Court may:
 (a) give any necessary orders for the conduct of the prosecution and defence; and
 (b) fix a day for hearing or for the Court to give further orders.
 (3) Without limiting paragraph (2)(a), the Court may make orders relating to pre‑trial or ongoing disclosure.

Part 3—Indictable primary proceedings

Division 3.1—Indictments and applications

3.01  Filing and form of indictment

Indictment must be filed by electronic communication
 (1) Despite paragraph 1.25(1)(a), an indictment that is to be filed in indictable primary proceedings must be filed by being lodged by electronic communication in accordance with paragraph 1.21(1)(d).
Note 1: For the time within which indictments must be filed, see section 23BF of the Act.
Note 2: Paragraph 1.25(1)(a) provides that a document is filed if it is lodged in accordance with any of the methods in subrule 1.21(1). Subrule (1) of this rule limits the method by which an indictment may be lodged for filing.
Note 3: The prosecutor must retain the signed indictment so that it can be produced to the Court at arraignment—see rule 3.13.

Form of indictment
 (2) An indictment must be in accordance with Form CP14.
 (3) An indictment must state the offence that the accused, or each accused, is alleged to have committed.
 (4) A statement of an offence is sufficient if the statement:
 (a) identifies the provision creating the offence; and
 (b) describes the offence in the words of the