The Crown Court (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules (Northern Ireland) 1997

Service of a copy of Form 1

4.—(1) Where the Crown Court makes a certification as referred to in section 54(2), the chief clerk shall, as soon as is practicable after the drawing up of Form 1, serve a copy of that form on the acquitted person referred to in the certification, on the prosecution in the proceedings which led to the acquittal, and, where the acquittal has not taken place before the Crown Court at the place where the certification was made, on—

(a) where the acquittal has taken place before the Crown Court at another place, the chief clerk of the Crown Court at that place;

(b) where the acquittal has taken place before a magistrates' court, the clerk of petty sessions for the petty sessions district for which that court sits.

(2) Service as referred to in paragraph (1) above may be made by delivering the copy of Form 1 to the person to be served (where that person is an individual), or by sending it by post in a letter addressed to him at his usual or last known residence or place of business in Northern Ireland; in the case of a company, such a letter may also be addressed to the company at its registered office in Northern Ireland (if it has such a registered office).

(3) If the person to be served is acting by a solicitor, the copy of Form 1 may be served by delivering it, or by sending it by post, to the solicitor’s address for service.

(4) In paragraph (3) above—

(a) “solicitor” includes a body corporate which is recognized by the Council of the Law Society of Northern Ireland under Article 26A of the Solicitors (Northern Ireland) Order 1976(1) (a recognized body); and

(b) in the case of a recognized body, the reference to the solicitor’s address for service shall be construed as a reference to the address specified by the recognized body as its address for the purposes of the service of the copy of Form 1 (including where the person to be served is a party to the proceedings which led to the conviction referred to in Form 1, an address specified for the general purposes of those proceedings), or, in the absence of such a specified address, to its registered office.

(1)

S.I. 1976/582 (N.I. 12); Article 26A was inserted by S.I. 1989/1343 (N.I. 14), Article 10(1)