Service of the Summons or Requisition Flashcards
Q: Who is responsible for serving the written charge and requisition documents on all parties?
Prosecutor NOT the court.
Prosecutor is duty bound to notify the court immediately that a written charge has been issued.
Q: What happens if there is a failure to serve the documents?
A failure to issue a requisition and/or serve the documents is a procedural error and does not render the institution of proceedings a nullity- DPP v McFarlane 2019
Q: How can a Magistrates’ summons or requisition be served?
Magistrates’ Courts Rules 1981
(a) Handing it to the person or where the person is a corporation handing it to someone in a senior position in that corporation.
(b) Posting it to the person at an address where it is reasonably believed the person will receive it or where the person is a corporation addressed to the main office or a place where it conducts business.
(c) Addressing it to the person and leaving it for the person at an address where it is reasonably believed the person will receive it.
(d) Where the person has given an electronic address and has not refused this service, sending it to the address that the person has provided.
(e) Where the person being served has access to an electronic address where a document may be deposited and has not refused this service, by depositing it at that address and making it possible for the recipient to read, view or listen to the document.
(f)Where the person is in custody, sending it to his or her custodian, addressed to the person.
(g) Where the person has given a document exchange (DX) box number, and has not refused to accept service by DX, addressing it to the person at that DX box number and leaving it at that document exchange.
(h) Where the person is legally represented, serving it on the person’s legal representative in the same manner as it could be served above
Or any other method specified by the court that they deem appropriate.
Q: What happens if the person is a corporation?
Where the person is a corporation, the address for service under this rule is the person’s principal office, and if there is no readily identifiable principal office, then any place where it carries on its activities or business.
Q: How can a witness be summonsed?
A witness summons may only be served by handing it to the person, by electronic service to their electronic address (provided they haven’t refused this service) or if they are in custody, to their custodian.
Q: What is a judgment summons?
Specialised form of summons requiring the person to appear in court usually to reveal details on oath about financial assets where they failed to pay a judgment debt and to show cause why they shouldn’t be sent to prison, can only be served personally on the judgment debtor.
Q: What happens if a summons or requisition is served on D who is under 18?
Where a summons or requisition is served on a defendant under 18, a copy must also be served on a parent or guardian of D.
If the court requires the parent or guardian to attend, a copy may impose that requirement or a separate summons or requisition may be issued for that purpose.
Q: What happens if a summons or requisition is served on D who is under 16?
The court must require the parent or guardian to attend court.
UNDER 18- parent or guardian must also be served
UNDER 16- parent or guardian must be required to attend court with D
Q: What are the service rules for Scotland and Northern Ireland?
S39 Criminal Law Act 1977- summons, written charge, requisition and single justice procedure notice requiring a person charged with an offence to appear before a court in England and Wales can be served using ANY method listed above.
Equally, documents from Scotland and Northern Ireland directed to persons in England and Wales and requiring them to attend court in Scotland or NI can be served in the same manner or by any method permitted in those places.
