Text as at 1 July 2026

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36 How preliminary brief must be served

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Explained inBill clause 36

(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.

S. 36(1) amended by No. 68/2009 s. 51(j).

Section 394 provides for ordinary service.

Note to s. 36(1) amended by No. 68/2009 s. 51(k).

(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.