Criminal Justice Act 2003 (c. 44)

SCHEDULES

SCHEDULE 36 E+W Further minor and consequential amendments

Part 2 E+W Charging etc

Prospective

Crime (International Co-operation) Act 2003 (c. 32) E+W

16 E+W After section 4 of the Crime (International Co-operation) Act 2003 there is inserted—

“4A General requirements for service of written charge or requisition

(1) This section applies to the following documents issued for the purposes of criminal proceedings in England and Wales by a prosecutor—

(a) a written charge (within the meaning of section 29 of the Criminal Justice Act 2003),

(b) a requisition (within the meaning of that section).

(2) The written charge or requisition may be issued in spite of the fact that the person on whom it is to be served is outside the United Kingdom.

(3) Where the written charge or requisition is to be served outside the United Kingdom and the prosecutor believes that the person on whom it is to be served does not understand English, the written charge or requisition must be accompanied by a translation of it in an appropriate language.

(4) A written charge or requisition served outside the United Kingdom must be accompanied by a notice giving any information required to be given by rules of court.

(5) If a requisition is served outside the United Kingdom, no obligation under the law of England and Wales to comply with the requisition is imposed by virtue of the service.

(6) Accordingly, failure to comply with the requisition is not a ground for issuing a warrant to secure the attendance of the person in question.

(7) But the requisition may subsequently be served on the person in question in the United Kingdom (with the usual consequences for non-compliance).

4B Service of written charge or requisition otherwise than by post

(1) A written charge or requisition to which section 4A applies may, instead of being served by post, be served on a person outside the United Kingdom in accordance with arrangements made by the Secretary of State.

(2) But where the person is in a participating country, the written charge or requisition may be served in accordance with those arrangements only if one of the following conditions is met.

(3) The conditions are—

(a) that the correct address of the person is unknown,

(b) that it has not been possible to serve the written charge or requisition by post,

(c) that there are good reasons for thinking that service by post will not be effective or is inappropriate.”