Criminal Procedure Rules 2015
Author | Matthew Richardson |
Pages | 247-248 |
Appendix A1
Criminal Procedure Rules 2015
The Criminal Procedure Rules (CrimPR) currently in force (SI 2015/1490) make special provision for the electronic service of documents. Rules 4.1 and 4.2 make it clear that a document in any proceedings to which the CrimPR relate, a document may be served by a number of methods (rules 4.3–4.6 and 4.8–4.9). However, where a document may be served by electronic means under rule 4.6, the general rule is that the person serving it will use that method (rule 4.2(2)).
Rule 4.6 of the CrimPR sets out the following:
Service by electronic means
4.6.—(1) This rule applies where—
(a) the person to be served—
(i) has given an electronic address and has not refused to accept service at that address, or
(ii) is given access to an electronic address at which a document may be deposited and has not refused to accept service by the deposit of a document at that address; or
(b) the person to be served is legally represented in the case and the legal representative—
(i) has given an electronic address, or
(ii) is given access to an electronic address at which a document may be deposited.
(2) A document may be served—
(a) by sending it by electronic means to the address which the recipient has given; or
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