36. How preliminary brief must be served

36. How preliminary brief must be served

(1)A preliminary brief 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

Section 394 provides for ordinary service.

(2) In considering whether to effect service of a preliminary 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.

It is noticeable (and presumably intentional) that the conditions for service of a preliminary brief is couched in identical terms to those at section 17 concerning service of summonses.