Text as at 1 July 2026

17 Summons for summary offence may be served by ordinary service

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Explained inBill clause 17

(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.

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

Section 394 provides for ordinary service.

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

(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.

(3)If a summons is served in accordance with section 394(1)(a), evidence of service must state—

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

(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.