PART 49INTERNATIONAL CO-OPERATION

Notice required to accompany process served outside the United Kingdom and translations49.1

1

The notice which by virtue of section 3(4)(b) of the Crime (International Co-operation) Act 20031241 (general requirements for service of process) must accompany any process served outside the United Kingdom must give the information specified in paragraphs (2) and (4) below.

2

The notice must—

a

state that the person required by the process to appear as a party or attend as a witness can obtain information about his rights in connection therewith from the relevant authority; and

b

give the particulars specified in paragraph (4) about that authority.

3

The relevant authority where the process is served—

a

at the request of the prosecuting authority, is that authority; or

b

at the request of the defendant or the prosecutor in the case of a private prosecution, is the court by which the process is served.

4

The particulars referred to in paragraph (2) are—

a

the name and address of the relevant authority, together with its telephone and fax numbers and e-mail address; and

b

the name of a person at the relevant authority who can provide the information referred to in paragraph (2)(a), together with his telephone and fax numbers and e-mail address.

5

The magistrates’ court or Crown Court officer must send, together with any process served outside the United Kingdom —

a

any translation which is provided under section 3(3)(b) of the 2003 Act; and

b

any translation of the information required to be given by this rule which is provided to him.

6

In this rule, ‘process’ has the same meaning as in section 51(3) of the 2003 Act.