Service
of documents
4.1
Service of summons, etc issued by a magistrates' court
(1)
Service of a summons issued by a justice of the peace on a person other
than a corporation may be effected –
(a) by delivering
it to the person to whom it is directed;
(b) by leaving it for him with some person at his last known or usual
place of abode; or
(c) by sending it by post in a letter addressed to him at his last
known or usual place of abode.
(2)
Service for the purposes of the Magistrates' Courts Act 1980((1)) of
a summons issued by a justice of the peace on a corporation may be effected
by delivering it at, or sending it by post to, the registered office
of the corporation, if that office is in the United Kingdom, or, if
there is no registered office in the United Kingdom, any place in the
United Kingdom where the corporation trades or conducts its business.
(3)
Except where another rule contains provision to the contrary, paragraph
(2) shall have effect in relation to a document (other than a summons)
issued by a justice of the peace as it has effect in relation to a summons
so issued, but with the substitution of references to England and Wales
for the references to the United Kingdom.
(4)
Any summons or other document served in manner authorised by the preceding
provisions of this rule shall, for the purposes of any enactment other
than the 1980 Act or these Rules requiring a summons or other document
to be served in any particular manner, be deemed to have been as effectively
served as if it had been served in that manner; and nothing in this
rule shall render invalid the service of a summons or other document
in that manner.
(5)
Paragraph (1)(c) shall not authorise the service by post of a summons
requiring the attendance of any person to give evidence or produce a
document or thing.
(6)
Where this rule or any other of these Rules provides that a summons
or other document may be sent by post to a person's last known or usual
place of abode that rule shall have effect as if it provided also for
the summons or other document to be sent in the manner specified in
the rule to an address given by that person for that purpose.
Formerly
rule 99 of the Magistrates' Courts Rules 1981((2)). As to the form of
a summons, see rule 7.7. For further rules of service applicable in
particular circumstances see rules 7.5 (notice of order under section
25 of the Road Traffic Offenders Act 1988((3))), 19.2 (application for
reconsideration of police bail), 34.6 (hearsay evidence), 35.7 (evidence
of bad character), 37.6 (notice of intention to cite previous convictions),
40.3 (tainted acquittals), 52.1 (notice of fine), 52.7 (minute of order
of court), 55.4 (notice of registration under section 71(6) of the 1988
Act((4))) and 64.5 (appeal by case stated).
4.2
Proof of service in magistrates' courts
(1)
The service on any person of a summons, process, notice or document
required or authorised to be served in any proceedings before a magistrates'
court, and the handwriting or seal of a justice of the peace or other
person on any warrant, summons, notice, process or documents issued
or made in any such proceedings, may be proved in any legal proceedings
by a document purporting to be a solemn declaration made before a justice
of the peace, commissioner for oaths, clerk of a magistrates' court
or registrar of a county court or a sheriff or sheriff clerk (in Scotland)
or a clerk of petty sessions (in Northern Ireland).
(2)
The service of any process or other document required or authorised
to be served may be proved in any proceedings before a magistrates'
court by a document purporting to be a certificate signed by the person
by whom the service was effected.
(3)
References in paragraph (2) of this rule to the service of any process
shall, in their application to a witness summons, be construed as including
references to the payment or tender to the witness of his costs and
expenses.
(4)
Any process or other document produced by the court computer system
on a given day shall be sufficient evidence that the process or other
document was sent to the person to whom it is addressed within 2 days
of it being produced, unless the contrary is proved.
Formerly rule 67 of the Magistrates' Courts Rules 1981.
4.3
Service of documents in Crown Court proceedings
Except
where any other rule contains provision to the contrary, any notice
or other document which is required by these Rules to be given to any
person in respect of Crown Court proceedings may be served personally
on that person or sent to him by post at his usual or last known residence
or place of business in England or Wales or, in the case of a company,
at the company's registered office in England or Wales.
Formerly
rule 28 of the Crown Court Rules 1982((5)). For further rules of service
applicable in particular circumstances see rules 13.6 (dismissal of
charges transferred or sent), 15.6 15.8 (preparatory hearings), 34.6
(hearsay evidence), 35.7 (evidence of bad character), 40.3 (tainted
acquittals), 41.17 (retrial following acquittal) and 57.11 to 57.14
(proceedings under the Proceeds of Crime Act 2002((6))). As to service
of documents in an appeal to the Court of Appeal see rule 68.1 and the
rules listed in the explanatory note to that rule.
