How hand-up brief must be served

Current

(1)

A hand-up brief must be served at least 42 days before the committal mention hearing unless—

(a)

the Magistrates' Court fixes another period for service; or

(b)

the accused gives written consent to a lesser period for service.

S. 108(2) amended by No. 68/2009 s. 51(y).

(2)

A hand-up 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 to s. 108(2) amended by No. 68/2009 s. 51(z).

Note

Section 394 provides for ordinary service.

(3)

In considering whether to effect service of the hand-up 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.

This Act’s bill:Explanatory memorandum Second reading speech

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108 How hand-up brief must be served