OpenLegislation

Rule 11 Service of summons

Northern Ireland

(1)

f1 Subject to Rule 12 and Rule 12A, in the case of an offence prosecuted by the Director of Public Prosecutions a summons shall be served by a member of the Police Service of Northern Ireland who is not in charge of the investigation of the offence:]

(2)

In other cases, the summons shall, subject to [f2 F1... [f3... paragraph (3B)] and] Rule 12 be served by—

(a)

the summons server of the F2administrative court division in which the proceedings are brought or in which the defendant or witness resides; or

(b)

any person who has received permission from a district judge (magistrates’ court)] or lay magistrate or from the clerk of petty sessions to serve the summons;

and any such permission shall be endorsed on the original summons and signed by the person giving it.

[(3

Subject to F3... [ ... paragraph (3B), in no case shall a summons be served by the complainant, or a director, partner or employee of the complainant.

F4(3A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[(3B

Service of a summons under Article 138(2A)(b) of the Order may be effected by a [f4 civil servant in the Department of Justice] sending a copy of the summons in Form 95 and of Form 95B, by ordinary post in an envelope addressed to the person to be served at his or her last known place of abode.]

(4)

Subject to F5... [... paragraph 3B] [f5 Rule 12A and] Rule 13 every summons shall be served upon the person to whom it is directed by delivering to him a copy of such summons, or, where he is a child or young person within the meaning of Part IV of the Children and Young Persons Act (Northern Ireland) [f6 1968 or a parent] of such child or young person summoned in connection with proceedings against such child or young person or where the summons alleges a summary offence or is issued upon complaint in a civil matter or is a witness summons, by leaving it for him with some person apparently over the age of sixteen years at his usual or last known place of abode or at his place of business.

[(5

f7 Subject to F6... paragraph 3B and Rule 12A] in the case of a corporate body, a summons shall be served by delivering a copy to the secretary or clerk of the body or by leaving a copy for him with some person apparently over the age of sixteen years at its registered or principal office or at any place of business maintained by such body in Northern Ireland, or by sending a copy by registered post or by the recorded delivery service (using the advice of delivery form) in an envelope addressed to such corporate body at such office or place of business.

Notwithstanding anything in paragraph (2), in a case where service is effected by registered post or by the recorded delivery service, the envelope containing the copy summons may be posted by any person other than the complainant.

(6)

Every summons shall be served a reasonable time before the hearing of the complaint.

[(7

[f8f9 Subject to paragraph 7A [f10 and paragraph 7C]] the person who serves a summons shall endorse on the original the date, place and manner of service and, unless service may be proved by an affidavit or a certificate of service in [f11 F7... Form 109C or] Form 110A shall attend at the hearing of the complaint to depose, if necessary, to such service and in the case of service by registered post or the recorded delivery service there shall be attached to the affidavit or certificate of service or be produced in court the certificate of posting and, subject to Rule 13(2)(a), the advice of delivery issued by the Post Office.]

[(7A

f12 Where a member of the Police Service of Northern Ireland serves a summons and the accompanying documents, service may be proved

(a)

by an affidavit or certificate of service in Form 110A; or

(b)

by an electronic report which shall contain the following information:—

(i)

the name and the police service number of the person who served the summons;

(ii)

the date of service;

(iii)

the place of service; and

(iv)

the manner of service.

(7B)

Where service is to be proved by an affidavit or certificate of service or by an electronic report the court may require the person who served the summons and any accompanying documents to attend court at the hearing of the complaint and depose, if necessary, to such service.]

[(7C)

f13 Where a summons is to be served in accordance with paragraph (3B), the person posting the envelope containing the copy of the summons shall endorse on the original summons his name, description and the date and place of posting of the envelope and shall complete and sign a certificate of service in Form 95A.

(7D)

If a surety fails to appear in answer to a summons served in accordance with paragraph (3B), such service shall not be deemed valid unless an acknowledgment of service in Form 95B appearing to be signed by the surety or his or her solicitor is produced to the court.

(7E)

Unless the contrary is proved, where a summons is served in accordance with paragraph (3B),—

(i)

the signed acknowledgment of service shall be taken as proof of service; and

(ii)

the document shall be deemed to have been served at the time at which the envelope containing it would have been delivered in the ordinary course of post.]

(8)

Nothing in this Rule shall affect the provisions of any statutory provision dealing with the time and manner of service and the person who may serve summonses in particular cases.

Annotations

Textual amendments

F1

Words in rule 11(2) omitted (1.6.2018) by virtue of The Magistrates’ Courts (Amendment No.2) Rules (Northern Ireland) 2018 (S.R. 2018/103), rules 1, 3(1)(a)

F2

Words in rule 11(2)(a) substituted (31.10.2016) by The Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 2016 (S.R. 2016/304), rules 1, 3(2); S.R. 2016/387, art. 2(a)

F3

Words in rule 11(3) omitted (1.6.2018) by virtue of The Magistrates’ Courts (Amendment No.2) Rules (Northern Ireland) 2018 (S.R. 2018/103), rules 1, 3(1)(b)

F4

Rule 11(3A) omitted (1.6.2018) by virtue of The Magistrates’ Courts (Amendment No.2) Rules (Northern Ireland) 2018 (S.R. 2018/103), rules 1, 3(1)(c)

F5

Words in rule 11(4) omitted (1.6.2018) by virtue of The Magistrates’ Courts (Amendment No.2) Rules (Northern Ireland) 2018 (S.R. 2018/103), rules 1, 3(1)(d)

F6

Words in rule 11(5) omitted (1.6.2018) by virtue of The Magistrates’ Courts (Amendment No.2) Rules (Northern Ireland) 2018 (S.R. 2018/103), rules 1, 3(1)(e)

F7

Words in rule 11(7) omitted (1.6.2018) by virtue of The Magistrates’ Courts (Amendment No.2) Rules (Northern Ireland) 2018 (S.R. 2018/103), rules 1, 3(1)(f)

Footnotes

f1

Paragraph substituted by S.R. 2009 No.310 with effect from 30.9.09

f2

Words inserted by S.R. 1997 No. 428 with effect from 14.10.97

f3

Words inserted by S.R. 2009 No. 310 with effect from 30.9.09

f4

Words substituted by S.R. 2010 No. 133 with effect from 12.04.10

f5

Words inserted by S.R. 1992 No. 541 with effect from 1.2.93

f6

Words substituted by S.R. 1986 No. 175 with effect from 30.06.86

f7

Words inserted by S.R. 2010 No. 12 with effect from 1.3.10

f8

Paragraph substituted by S.R. 1992 No. 541 with effect from 1.2.93

f9

Words substituted by S.R. 2009 No. 47 with effect from 10.04.09

f10

Words inserted by S.R. 2009 No. 310 with effect from 30.9.09

f11

Words inserted by S.R. 1997 No. 428 with effect from 14.10.97

f12

Paragraphs inserted by S.R. 2009 No. 47 with effect from 10.4.09

f13

Paragraphs inserted by S.R. 2009 No. 310 with effect from 30.9.09