The Police and Criminal Evidence (Northern Ireland) Order 1989

Article 86.

SCHEDULE 4 AMENDMENTS RELATING TO THE SERVICE OF SUMMONS, ETC. BY POST

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.”.

The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

2.  After Article 25 insert the following Article—

“Proceedings invalid where accused did not know of them

25A.— (1) Where a summons has been issued under Article 20 and a magistrates' court has begun to hear the complaint to which the summons relates, then, if—

(a) the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to hear the complaint; and

(b) within 21 days of that date the declaration is served on the clerk of petty sessions,

without prejudice to the validity of the complaint, the summons and all subsequent proceedings shall be void.

(2) For the purposes of paragraph (1) a statutory declaration shall be deemed to be duly served on the clerk of petty sessions if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.

(3) If on the application of the accused it appears to a court of summary jurisdiction that it was not reasonable to expect the accused to serve such a statutory declaration as is mentioned in paragraph (1) within the period allowed by that paragraph, the court may accept service of such a declaration by the accused after that period has expired; and a statutory declaration accepted under this paragraph shall be deemed to have been served as required by that paragraph.

(4) Where any proceedings have become void by virtue of paragraph (1), the complaint shall not be heard again by the same resident magistrate or justice of the peace or, where the complaint was heard by a juvenile court, any member of the court which heard the complaint.”.

3.  In Article 126—

(a) in paragraph (1) after the word “affidavit” add “or by such other document as may be prescribed”; and

(b) after paragraph (2) add the following—

“(3) Magistrates' courts rules may provide that any document purporting to be given as a document prescribed under paragraph (1) shall be received in evidence and shall be deemed to be duly given unless the contrary is shown.

(4) Without prejudice to Article 10 of the Perjury (Northern Ireland) Order 1979, if, in a document purporting to be given as a document prescribed under paragraph (1), a person—

(a) makes a statement that he knows to be false in a material particular, or

(b) recklessly makes any statement that is false in a material particular,

he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 3 on the standard scale, or both.”.