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The Army Custody Rules 2000

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Service of documents

3.—(1) Subject to paragraph (4) and rule 21(2), any notice or other document required by these Rules to be served on a person may be served on that person by—

(a)delivering it to him;

(b)leaving it at his proper address;

(c)sending it by post to his proper address; or

(d)transmitting it to him by FAX or other means of electronic data transmission in accordance with rule 4.

(2) For the purposes of this rule and rule 4, the reference to a person’s proper address shall be to such address determined in accordance with Schedule 1.

(3) Paragraph (4) applies to the service of any notice or other document on the person to whom the proceedings relate, where that person has appointed a legal adviser to act in connection with the conduct of those proceedings and—

(a)notice has been served in accordance with rule 19(5); and

(b)no notice of the revocation of that appointment has been served in accordance with rule 19(6).

(4) Where this paragraph applies any notice or other document shall be served on the person to whom the proceedings relate by—

(a)delivering it to his legal adviser;

(b)leaving it at the address notified under rule 19(5);

(c)sending it by post to his legal adviser to the address notified under rule 19(5); or

(d)transmitting it to his legal adviser by FAX or other means of electronic data transmission in accordance with rule 4.

(5) Paragraph (6) applies to the service of any notice or other document on the person to whom the proceedings relate in any case not falling within paragraph (3).

(6) Where this paragraph applies and without prejudice to paragraph (1), any notice or other document may be served on the person to whom the proceedings relate by—

(a)delivering it to the commanding officer;

(b)leaving it at the commanding officer’s proper address;

(c)sending it by post to the commanding officer at his proper address; or

(d)transmitting it to the commanding officer by FAX or other means of electronic data transmission in accordance with rule 4.

(7) In these Rules, “FAX” means the making of a facsimile copy of a document by the transmission of electronic signals.

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