Rule 2.2 Citation in solemn proceedingsI1

Scotland

(1)

Subject to rule 2.4 (service on witnesses), this rule applies to the citation of, and service on, an accused under F1section 66(4)(a) of the Act of 1995 (service and lodging of indictment, etc).

(2)

Service shall be effected by an officer of law—

(a)

delivering the document to the accused personally;

(b)

leaving the document in the hands of a member of the family of the accused or other occupier or employee at the proper domicile of citation of the accused;

(c)

affixing the document to the door of, or depositing it in, the proper domicile of citation of the accused; or

(d)

where the officer of law serving the document has reasonable grounds for believing that the accused, for whom no proper domicile of citation has been specified, is residing at a particular place but is unavailable—

(i)

leaving the document in the hands of a member of the family of the accused or other occupier or employee at that place; or

(ii)

affixing the document to the door of, or depositing it in, that place.

(3)

In this rule,“proper domicile of citation” means the address at which the accused may be cited to appear at any diet relating to the offence with which he is charged or an offence charged in the same proceedings as that offence or to which any other intimation or document may be sent.

Annotations

Textual amendments

F1: Words in Sch. 2 rule 2.2(1) substituted (27.10.2003) by Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2003 (S.S.I. 2003/468), paras. 1(1), 2(2)

Commencement

I1: Sch. 2 rule 2.2 in force at 1.4.1996, see para. 1(1)