Part IE+W+S Criminal Jurisdiction and Procedure

MiscellaneousE+W

47 Service of summons out of time after failure to prove service by post.E+W

Where any enactment requires, expressly or by implication, that a summons in respect of an offence shall be issued or served within a specified period after the commission of the offence, and service of the summons may under [F1rules of court] be effected by post, then, if under the rules service of the summons is not treated as proved, but it is shown that a letter containing the summons was posted at such time as to enable it to be delivered in the ordinary course of post within that period, a second summons may be issued on the same information; and the enactment shall have effect, in relation to that summons, as if the specified period were a period running from the return day of the original summons.

Textual Amendments

F1Words in s. 47 substituted (1.9.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 207; S.I. 2004/2066, art. 2(c)(xi) (subject to art. 3)