OpenLegislation

Article 11 Service

Original text. Later amendments are not shown.

(1)

For the purposes of these Rules, service of a document on the proper officer may, unless otherwise directed by the proper officer, a single judge of the Court or the Court, be effected—

(a)

in the case of a defendant who is in custody, by delivering it to the person having custody of him;

(b)

by delivering it personally to the proper officer; or

(c)

by addressing it to the proper officer and leaving it at, or sending it by recorded delivery or by fax to, his office in the Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF.

(2)

For the purposes of these Rules, service of a document on the chief clerk may, unless otherwise directed by the proper officer, a single judge of the Court or the Court, be effected—

(a)

in the case of a defendant who is in custody, by delivering it to the person having custody of him;

(b)

by delivering it personally to the chief clerk; or

(c)

by addressing it to the chief clerk and leaving it at, or sending it by recorded delivery or by fax to, the Crown Court at which the ruling appealed against was made.

(3)

A person having custody of a defendant to whom a document is sent in pursuance of paragraph (1)(a) or (2)(a), shall endorse on it the date of delivery and send it forthwith to the proper officer or, as the case may be, the chief clerk.

(4)

For the purpose of these Rules —

(a)

service of a document on the prosecution may, unless otherwise directed by the proper officer, a single judge of the Court or the Court, be effected—

(i)

by sending it by recorded delivery to the prosecution; or

(ii)

by sending it by fax to the prosecution at a specified fax number where it has indicated in writing that it is willing to accept service by fax.

(5)

For the purposes of these Rules —

(a)

service of a notice of appeal on the defendant may, unless otherwise directed by the proper officer, a single judge of the Court or the Court, be effected by delivering it personally to him; and

(b)

service of any other document on the defendant, unless otherwise directed by the proper officer, a single judge of the Court or the Court, be effected —

(i)

by delivering the document personally to him or his solicitor;

(ii)

by leaving it for him with some person apparently over the age of sixteen at his last known or usual place of abode or at his place of business;

(iii)

by sending it by recorded delivery to that person’s last known or usual place of abode or his solicitor’s business address; or

(iv)

where he is represented by a solicitor, by sending it to that solicitor at a specified fax number where he has indicated in writing that he is willing to accept service by fax.

(6)

A document sent by recorded delivery shall be deemed to be served at the time when it is delivered.

(7)

Where a document is sent by fax before 5.00 p.m. it shall, unless the contrary is shown, be deemed to have been served on that day, and, in any other case, on the business day next following.