Criminal Procedure Code 2010 · 2020 Revised Edition · Part 1 · Preliminary
3. Service of notices, orders and documents
Feedback & supportLast amended by an amending law of 2018.
Subject to this section, any notice, order or document (other than a summons or a notice to attend court issued under this Code) required or permitted to be served on a person under this Code may be served on that person —
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
by delivering it personally to that person;
by addressing it to that person and delivering it at the last known residential address of that person to an adult person who is a member of his or her family;
by addressing it to that person and delivering it at the last known business address of that person to that person’s employee or by addressing it to that person’s advocate (if any) and delivering it to the advocate at the advocate’s office;
by sending it by registered post addressed to that person at that person’s last known residential or business address, or sending it by registered post addressed to that person’s advocate (if any) at the advocate’s office;
by addressing it to that person and transmitting it by fax to that person’s last known fax number, or addressing it to that person’s advocate (if any) and transmitting it by fax to the advocate’s office fax number;
by addressing it to that person, and transmitting it to an electronic mail address specified by that person in accordance with subsection (4A);
by addressing it to that person’s advocate (if any), and transmitting it to an electronic mail address specified by the advocate in accordance with subsection (4B);
by leaving it at that person’s last known residential or business address, if service cannot be effected under paragraphs (a) to (e);
in the case of a body corporate or a limited liability partnership —
by delivering it to the director, manager or secretary, or other similar officer of the body corporate or limited liability partnership, at its registered office or principal place of business;
by delivering it to the advocate (if any) of the body corporate or limited liability partnership at the advocate’s office;
by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership;
by sending it by registered post addressed to the advocate (if any) of the body corporate or limited liability partnership at the advocate’s office;
by addressing it to that body corporate or limited liability partnership and transmitting it to the last known fax number of the body corporate or limited liability partnership;
by addressing it to the advocate (if any) of the body corporate or limited liability partnership and transmitting it by fax to the advocate’s office fax number;
by addressing it to that body corporate or limited liability partnership, and transmitting it to an electronic mail address specified by that body corporate or limited liability partnership in accordance with subsection (4A); or
by addressing it to the advocate (if any) of the body corporate or limited liability partnership, and transmitting it to an electronic mail address specified by the advocate in accordance with subsection (4B);
in the case of a partnership other than a limited liability partnership —
by delivering it to any one of the partners or the secretary, or other similar officer of the partnership, at its registered office or principal place of business;
by delivering it to the advocate (if any) of the partnership at the advocate’s office;
by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership;
by sending it by registered post addressed to the advocate (if any) of the partnership at the advocate’s office;
by addressing it to that partnership and transmitting it to the last known fax number of the partnership;
by addressing it to the advocate (if any) of the partnership and transmitting it by fax to the advocate’s office fax number;
by addressing it to that partnership, and transmitting it to an electronic mail address specified by that partnership in accordance with subsection (4A); or
by addressing it to the advocate (if any) of the partnership, and transmitting it to an electronic mail address specified by the advocate in accordance with subsection (4B);
in the case of an unincorporated association —
by delivering it to the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee, at the address of the unincorporated association;
by delivering it to the advocate (if any) of the unincorporated association at the advocate’s office;
by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association;
by sending it by registered post addressed to the advocate (if any) of the unincorporated association at the advocate’s office;
by addressing it to that unincorporated association and transmitting it to the last known fax number of the unincorporated association;
by addressing it to the advocate (if any) of the unincorporated association and transmitting it by fax to the advocate’s office fax number;
by addressing it to that unincorporated association, and transmitting it to an electronic mail address specified by that unincorporated association in accordance with subsection (4A); or
by addressing it to the advocate (if any) of the unincorporated association, and transmitting it to an electronic mail address specified by the advocate in accordance with subsection (4B); or
by any other prescribed method.
In the case of service under subsection (1)(a), the person to whom the notice, order or document is served must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip.
In the case of service under subsection (1)(b) and (c), the family member or employee to whom the notice, order or document is delivered must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip and writing down his or her name, age, identity card or passport number, contact details and relationship to the person on whom the notice, order or document is intended to be served.
writing
“writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form, whether permanent or otherwise.
In the case of service under subsection (1)(g)(i), (h)(i) and (i)(i), the person to whom the notice, order or document is delivered must, if so required by the serving officer, acknowledge its receipt by signing on an acknowledgment slip and writing down his or her name, age, identity card or passport number, contact details and position in the body corporate, limited liability partnership, partnership or unincorporated association (as the case may be) on which the notice, order or document is intended to be served.
The notice, order or document may be served in a manner specified in subsection (1)(ea), (g)(vii), (h)(vii) or (i)(vii) only if both of the following conditions are satisfied:
the person to whom the notice, order or document is to be served gives that person’s prior written consent for the notice, order or document to be served in that manner;
that person specifies, in that written consent, the electronic mail address to which the notice, order or document is to be transmitted.
The notice, order or document may be served in a manner specified in subsection (1)(eb), (g)(viii), (h)(viii) or (i)(viii) only if both of the following conditions are satisfied:
the advocate (if any) of the person to whom the notice, order or document is to be served gives the advocate’s prior written consent for the notice, order or document to be served in that manner;
the advocate specifies, in that written consent, the electronic mail address to which the notice, order or document is to be transmitted.
A reference in this Code to service by registered post is a reference to a postal service that records the posting and delivery of mail by the Postal Authority or public postal licensee.
When a notice, order or document is served under this section, an affidavit of such service purporting to be made by the process server before an officer authorised to administer an oath is admissible in evidence.