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The Police and Criminal Evidence (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28(N.I.))

1.—(1) In section 1(8), at the beginning insert the words “Subject to section 1A and”.

(2) After section 1 insert the following section—

Service by ordinary post.

1A.(1) Without prejudice to subsection (8) of section 1, a document required by that section to be served on any person may, in relation to criminal proceedings in a magistrates' court, be served by ordinary post in an envelope in the manner described in paragraph (c) or (d) of that subsection.

(2) A written statement contained in a document served in accordance with subsection (1) shall not be admissible in evidence under section 1 unless the person upon whom the document is served provides an acknowledgement in such form and manner as may be prescribed by magistrates' courts rules.

(3) Unless the contrary is proved—

(a)such an acknowledgement shall be taken as proof of service; and

(b)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..

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