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4.11.—(1) A document served under rule 4.3 or rule 4.8 is served on the day it is handed over.
(2) Unless something different is shown, a document served on a person by any other method is served—
(a)in the case of a document left at an address, on the next business day after the day on which it was left;
(b)in the case of a document sent by first class post or by the equivalent of first class post, on the second business day after the day on which it was posted or despatched;
(c)in the case of a document served by document exchange, on the second business day after the day on which it was left at a document exchange allowed by rule 4.5;
(d)in the case of a document served by electronic means—
(i)on the day on which it is sent under rule 4.6(2)(a), if that day is a business day and if it is sent by no later than 2.30pm that day (or 4.30pm that day in an extradition appeal case in the High Court, or 5pm that day if it is an application for permission to refer a sentencing case to which Part 41 (Reference to the Court of Appeal of point of law or unduly lenient sentencing) applies),
(ii)on the day on which notice of its deposit is given under rule 4.6(2)(b), if that day is a business day and if that notice is given by no later than 2.30pm that day (or 4.30pm that day in an extradition appeal case in the High Court, or 5pm that day if it is an application for permission to refer a sentencing case to which Part 41 (Reference to the Court of Appeal of point of law or unduly lenient sentencing) applies), F1...
[F2(iii)on the day of its deposit under rule 4.6(2)(b), if that day is a business day and if under rule 4.6(3)(b) no notice of deposit is required, or]
[F3(iv)]otherwise, on the next business day after it was sent [F4, deposited] or such notice was given; and
(e)in any case, on the day on which the addressee responds to it, if that is earlier.
(3) Unless something different is shown, a document produced by a computer system for dispatch by post is to be taken as having been sent by first class post, or by the equivalent of first class post, to the addressee on the business day after the day on which it was produced.
(4) Where a document is served on or by the court officer or the Registrar of Criminal Appeals, ‘business day’ does not include a day on which the relevant court office is closed.
Textual Amendments
F1Word in rule 4.11(2)(d)(ii) omitted (3.4.2023) by virtue of The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 4(b)(i)
F2Rule 4.11(2)(d)(iii) inserted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 4(b)(iv)
F3Rule 4.11(2)(d)(iii) renumbered as rule 4.11(2)(d)(iv) (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 4(b)(ii)
F4Word in rule 4.11(2)(d)(iv) inserted (3.4.2023) by The Criminal Procedure (Amendment) Rules 2023 (S.I. 2023/44), rules 1, 4(b)(iii)
Commencement Information
I1Rule 4.11 in force at 5.10.2020, see Preamble
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