Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 17

Summons for summary offence may be served by ordinary service

17. Summons for summary offence may be served by ordinary service



(1) A summons to answer to a charge for a summary offence must be served
personally on the accused in accordance with section 339 unless the informant
is satisfied that ordinary service is appropriate in all the circumstances.

Note Section 342 provides for ordinary service.

(2) In considering whether to effect service of a summons by ordinary service,
an informant must consider whether it is an appropriate method of service in
all the circumstances as known by the informant including-

   (a)  the nature and gravity of the alleged offence;

   (b)  whether the accused has previously been found guilty or convicted of
        any similar offence;

   (c)  the period of time that has elapsed since the accused's address for
        service was ascertained.

(3) If a summons is served in accordance with section 342(a), evidence of
service must state-

   (a)  how the informant ascertained the address to which the summons was
        posted; and

   (b)  the time and place of posting; and

   (c)  whether the informant considered the matters referred to in subsection
        (2) before determining to effect service by post.