Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2009-06-27

19. Extension of return date if summons not served

19. Extension of return date if summons not served

(1) If the informant has not served a summons to answer to a charge, the appropriate registrar may extend a return date specified in the summons without cause on one occasion on the application of the informant-

(a) before the return date; or

(b) within 28 days after the return date.

(2) The appropriate registrar may extend a return date on a subsequent occasion on the application of the informant-

(a) before the current return date; or

(b) within 28 days after the current return date-

if the registrar is satisfied by sworn evidence, whether oral or by affidavit, that reasonable efforts have been made to serve the summons.

Note

See also section 331 as to the court's general power of adjournment.

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