Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 40

How full brief must be served

40. How full brief must be served



(1) A full brief 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 full brief by ordinary
service, the 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;

   (d)  the manner of service of the summons to answer to the charge.