Magistrates' Courts (Sex Offender Orders) Rules (Northern Ireland) 1999

Service of documents

4.—(1) Service of a summons may be effected—

(a) by a member of the Royal Ulster Constabulary serving a copy of the summons on the defendant in person;

(b) by sending a copy of the summons by ordinary first class post to the defendant at either his last-known address or any address which is currently notified by him under Part I of the Sex Offenders Act 1997(1) (in which cases the summons shall be deemed to have been received by him in the ordinary course of post); or

(c) in the case of a summons on foot of a complaint for the variation or discharge of a sex offender order by the defendant mentioned in that order, in accordance with paragraphs (2), (6) and (7) of rule 11 of the Magistrates' Courts Rules (Northern Ireland) 1984(2) by delivering a copy of the summons to any police station within the petty sessions district in which the proceeding are brought and leaving a copy of it with the officer in charge or any other member of the Royal Ulster Constabulary.

(2) Where the court makes a sex offender order, the clerk of petty sessions shall serve a copy of it on the defendant—

(a) where the defendant is present, in person if practicable; or

(b) by sending it by ordinary first class post to the defendant at either his last-known address or any address which is currently notified by him under Part I of the Sex Offenders Act 1997 (in which cases the order shall be deemed to have been received by him in the ordinary course of post),

and shall send a copy of the order by ordinary first class post to the complainant.

(3) Where the court either varies or discharges a sex offender order by a further order, the clerk of petty sessions shall serve on the defendant a copy of the order as it has been varied or, as the case may be, the order discharging on the sex offender—

(a) where the defendant is present, in person if practicable; or

(b) by sending it by ordinary first class post to the defendant at either his last-known address or any address which is currently notified by him under Part I of the Sex Offenders Act 1997 (in which cases the order shall be deemed to have been received by him in the ordinary course of post),

and shall send a copy to the complainant.

(4) In paragraph (3) references to the complainant and the defendant are references to the complainant and the defendant in the proceedings in which the sex offender order was originally made.

(1)

1997 c. 51

(2)

S.R. 1984 No. 225 to which there are relevant amendments in S.R. 1992 No. 541 and S.R. 1997 No. 428