Victorian Current Acts

CRIMINAL PROCEDURE ACT 2009 - SECT 17

S. 17(1) amended by Nos 68/2009 s. 51(g), 55/2014 s. 113(1).

    (1)     A summons to answer to a charge for a summary offence (other than a traffic camera offence) must be served personally on the accused in accordance with section 391 unless the informant is satisfied that ordinary service is appropriate in all the circumstances.

Note to s. 17(1) amended by No. 68/2009 s. 51(h).

Note

Section 394 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.

S. 17(3) amended by Nos 68/2009 s. 51(i), 55/2014 s. 113(2).

    (3)     If a summons is served in accordance with section 394(1)(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.

S. 17A inserted by No. 55/2014 s. 114.