The Court Martial (Prosecution Appeals) Order 2009

Service

30.—(1) Where this Order requires service of a document on the registrar then, unless the registrar, a single judge or the Court Martial Appeal Court directs otherwise, the document may be served by any of the following methods—

(a) in the case of an accused or interested party who is in custody, by delivering it to the person who has custody of him;

(b) by addressing it to the registrar and delivering it at, or sending it by post, fax, electronic mail or other electronic means, to his office at the Royal Courts of Justice, London WC2A 2LL.

(2) Where this Order requires service of a document on the court administration officer then, unless the registrar, a single judge or the Court Martial Appeal Court directs otherwise, the document may be served by any of the following methods—

(a) in the case of an accused or interested party who is in custody, by delivering it to the person who has custody of him;

(b) by delivering it, or sending it by post, DX, fax, electronic mail or other electronic means, to the court administration officer.

(3) Where this Order requires the service of a document on the Director then, unless the registrar, a single judge or the Court Martial Appeal Court directs otherwise, the document may be served by any of the following methods—

(a) in the case of an accused or interested party who is in custody, by delivering it to the person who has custody of him;

(b) by post, DX, fax, electronic mail or other electronic means to—

(i) the principal office of the Service Prosecuting Authority; or

(ii) with the agreement of a prosecuting officer, that Authority’s main office in Germany; or

(c) on a prosecuting officer personally, with his agreement.

(4) A person who has custody of an accused or interested party and to whom that accused or interested party delivers a document under paragraph (1)(a), (2)(a) or (3)(a) must endorse on it the date of delivery and forward it to the registrar, the court administration officer or the Director, as appropriate.

(5) Where this Order requires the service of a document on any other person then, unless the registrar, a single judge or the Court Martial Appeal Court directs otherwise, the document may be served by any of the following methods—

(a) personally, on that person or on his legal representative;

(b) by post to that person’s last known place of abode, unit or place of business;

(c) by post to his legal representative’s place of business;

(d) leaving it at the person’s last known place of abode or place of business;

(e) if the person has—

(i) indicated that he is willing to accept service by DX, fax, electronic mail or other electronic means, and

(ii) has given a DX box number, fax number or electronic mail or other electronic means address,

by sending a copy of the document by such means to him;

(f) if the person’s legal representative has—

(i) indicated that he is willing to accept service by DX, fax, electronic mail or other electronic means, and

(ii) has given a DX box number, fax number or electronic mail or other electronic means address,

by sending a copy of the document by such means to the legal representative.

(6) Where a document is served under this Order by any method other than personal service it is deemed to be served—

(a) in the case of a document left at an address, on the next court day after the day on which it was left;

(b) in the case of a document sent by post, on the fifth court day after the day on which it was posted;

(c) in the case of a document served by DX, on the fifth day after the day on which it was left at the addressee’s DX box number or despatched;

(d) in the case of a document transmitted by fax, electronic mail or other electronic means, the day after it was transmitted;

(e) in any case, on the day on which the addressee responds to it if that is earlier.

(7) Where a document to be served on a person is sent or delivered to his commanding officer, his commanding officer must arrange for the document to be served on him personally as soon as is reasonably practicable.