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

16. Personal service of summons

16. Personal service of summons

Except where otherwise expressly enacted, every summons to answer to a charge must be served personally on the accused in accordance with section 391-

(a) subject to paragraph (b), at least 14 days before the return date;

(b) in the case of a charge for an indictable offence in respect of which
a registrar of the Magistrates' Court has fixed a date for a filing hearing, at least 7 days before that date or any other time before that date that is prescribed by the rules of the court.

Note

See section 399(4) for filing in court of affidavit or declaration of service.

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