The Criminal Procedure Rules 2010

Documents that must be served only by handing them over, leaving or posting them

4.7.—(1) The documents listed in paragraph (2) may be served—

(a) on an individual, only under rule 4.3(1)(a) (handing over) or rule 4.4(1) and (2)(a) (leaving or posting); and

(b) on a corporation, only under rule 4.3(1)(b) (handing over) or rule 4.4(1) and (2)(b) (leaving or posting).

(2) Those documents are—

(a) a summons, requisition or witness summons;

(b) notice of an order under section 25 of the Road Traffic Offenders Act 1988(1);

(c) a notice of registration under section 71(6) of that Act(2);

(d) a notice of discontinuance under section 23(4) of the Prosecution of Offences Act 1985(3);

(e) notice under rule 37.3(1) of the date, time and place to which the trial of an information has been adjourned, where it was adjourned in the defendant’s absence;

(f) a notice of fine or forfeited recognizance required by rule 52.1(1);

(g) notice under section 86 of the Magistrates’ Courts Act 1980(4) of a revised date to attend a means inquiry;

(h) notice of a hearing to review the postponement of the issue of a warrant of commitment under section 77(6) of the Magistrates’ Courts Act 1980(5);

(i) a copy of the minute of a magistrates’ court order required by rule 52.7(1);

(j) an invitation to make observations or attend a hearing under rule 53.1(2) on the review of a compensation order under section 133 of the Powers of Criminal Courts (Sentencing) Act 2000(6);

(k) any notice or document served under Part 19.

(3) An application under rule 62.3 for the court to punish for contempt of court may be served—

(a) on an individual, only under rule 4.3(1)(a) (by handing it to him or her);

(b) on a corporation, only under rule 4.3(1)(b) (by handing it to a person holding a senior position in that corporation).

(1)

1988 c. 53; section 25 was amended by section 90 of, and paragraphs 140 and 142 of Schedule 13 to, the Access to Justice Act 1999 (c. 22), section 165 of, and paragraph 118 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) and section 109 of, and paragraph 311 of Schedule 8 to, the Courts Act 2003 (c. 39).

(2)

1988 c. 53. Section 71(6) was amended by section 109 of, and paragraph 317 of Schedule 8 to, the Courts Act 2003 (c. 39).

(3)

1985 c. 23.

(4)

1980 c. 43; section 86 was amended by section 51(2) of the Criminal Justice Act 1982 (c. 48).

(5)

1980 c. 43; section 77(6) was substituted by section 109 of, and paragraph 218 of Schedule 8 to, the Courts Act 2003 (c. 39).

(6)

2000 c. 6. Section 133 was amended by section 456 of, and paragraphs 1 and 37 of Schedule 11 to, the Proceeds of Crime Act 2002 (c. 29).