Explanatory Notes

Crime (International Co-operation) Act 2003

2003 CHAPTER 32

30 October 2003

Commentary on Sections

Part 1: Mutual Assistance in Criminal Matters

Chapter 1: Mutual Service of Process etc.
Section 4: Service of process otherwise than by post

32.Although most process from the UK will be served by post, this section retains the option of serving process issued in England and Wales or Northern Ireland in accordance with arrangements made by the Secretary of State. Where the person on whom it is to be served is in a participating country, this option is available only if one of the conditions in subsection (3) is met. (The meaning of “participating country” is explained in paragraph 18 of these explanatory notes.)

33.In these cases, process may be sent via the Secretary of State to the central authority of the other country, which will transmit the process to the recipient. (The “UK central authority” is the authority for mutual legal assistance located in the Home Office, and references in these explanatory notes to overseas central authorities are to the equivalent bodies overseas.)