Act of Adjournal (Consolidation) 1988

PART III GENERAL

Service on Crown

166.  Any document that requires to be sent to the Lord Advocate or the prosecutor under any enactment or rule of law (including this Act of Adjournal) shall be sent—

(a) if it relates to a case set down for trial in the High Court, to the Crown Agent;

(b) if it relates to a case set down for trial in the Sheriff Court, to the appropriate procurator fiscal.

Service on accused persons

167.—(1) This rule applies to the service of any document on an accused person under section 71(1) (manner of service of indictment, etc.).

(2) Service shall be effected by an officer of law by—

(a) delivering the document to the accused personally;

(b) leaving the document in the hands of a member of the family of the accused or other occupier or employee at the proper domicile of citation of the accused;

(c) affixing the document to the door of, or depositing it in, the proper domicile of citation of the accused; or

(d) where the officer of law serving the document has reasonable grounds for believing that an accused, for whom no proper domicile of citation has been specified, is residing at a particular place but is unavailable—

(i) leaving the document in the hands of a member of the family of the accused or other occupier or employee at that place; or

(ii) affixing the document to the door of, or depositing it in, that place.

Revocation

168.  The Acts of Adjournal specified in Schedule 2 are revoked.

(1)

Section 71 was amended by the 1980 Act, Schedule 6, paragraph 1.