Courts Act, 1991
|
Service of summonses. |
22.—(1) Notwithstanding section 12 of the Act of 1851 and without prejudice to the provisions of any Act authorising the service of summonses in any particular manner in particular cases, a summons issued in a case of summary jurisdiction under section 11 (2) or 13 of the Act of 1851 or section 1 of the Act of 1986 may be served upon the person to whom it is directed— | |
(a) by sending, by registered prepaid post, a copy thereof in an envelope addressed to him at his last known residence or most usual place of abode or at his place of business in the State, | ||
(b) by sending, by any other system of recorded delivery prepaid post specified in rules of court, a copy thereof in such an envelope as aforesaid, or | ||
(c) by delivery by hand, by a person other than the person on whose behalf it purports to be issued authorised in that behalf by rules of court, of a copy thereof in such an envelope as aforesaid. | ||
(2) Service of a summons upon a person pursuant to subsection (1) of this section shall, upon proof that a copy of the summons was placed in an envelope and that the envelope was addressed, recorded, prepaid and sent or was delivered in accordance with the provisions of the said subsection (1), be deemed to be good service of the summons upon the person unless it is proved, whether in pursuance of an application under subsection (6) of this section or otherwise, that the person did not receive notice of the summons or of the hearing to which the summons relates. | ||
(3) Where service of a summons upon a person is effected by a means provided for in subsection (1) (a) or (b) of this section— | ||
(a) the summons shall, subject to subsection (2) of this section, be deemed to be served upon the person at the time at which the envelope containing a copy of the summons would be delivered in the ordinary course of post, | ||
(b) the placing of a copy of the summons in the envelope and the addressing, recording, prepaying and sending, in accordance with the provisions of subsection (1) (a) or (b) of this section, of the envelope may be proved by a statutory declaration (which shall be endorsed upon the original summons and shall be made, not earlier than 10 days after the day on which the envelope is posted, by the person who posted the envelope) exhibiting the record of posting of the envelope aforesaid and stating, if it be the case, that the original summons was duly issued at the time of posting and that the envelope has not been returned undelivered to the sender, and | ||
(c) the time, date and place of posting of the envelope shall be endorsed upon the original summons. | ||
(4) Where a summons has been issued under section 11 (2) of the Act of 1851 or section 1 of the Act of 1986 and served upon the person to whom it is directed by a means of service provided for in subsection (1) of this section and that person neither appears at the time and place specified in the summons nor at the hearing of the complaint or accusation to which the summons relates, the District Court may, if it considers it undesirable in the interests of justice, whether because of the gravity of the offence or otherwise, to continue the hearing in the absence of the person, adjourn the hearing to such time and place as the Court may direct to enable the person to be notified in such manner as the Court may direct of the adjourned hearing. | ||
(5) Where the District Court has adjourned the hearing of a complaint or accusation under subsection (4) of this section and the person to whom the summons concerned is directed does not appear at the adjourned hearing, the District Court may, if the complaint or accusation has been substantiated on oath and if the Court is satisfied that reasonable notice of the adjourned hearing was given to the person in accordance with the said subsection (4), issue a warrant for the arrest and bringing of the person before it to answer the said complaint or accusation or proceed to hear the complaint or accusation in the absence of the person. | ||
(6) (a) Where a summons has been issued under section 11 (2) of the Act of 1851 or section 1 of the Act of 1986 and the District Court has proceeded to hear the complaint or accusation to which the summons relates, the person to whom the summons is directed may, if he did not receive notice of the summons or of the hearing to which the summons relates, within 21 days after the said summons or hearing comes to his notice or such further period as the District Court may, having regard to the circumstances, allow, apply to the District Court to have the proceedings set aside. | ||
(b) Notice of an application under paragraph (a) of this subsection shall— | ||
(i) be lodged with the District Court clerk for the District Court area in which the hearing to which the summons relates has taken place, | ||
(ii) be in the form prescribed by rules of court, | ||
(iii) state that the applicant did not receive notice of the summons or of the hearing to which the summons relates until a time specified in the notice of the said application, being a time after the commencement of the hearing to which the summons relates, | ||
and the hearing of the application shall not take place before the expiration of a period of 21 days from the date of such lodgment as aforesaid or such shorter period as the District Court may allow. | ||
(c) A person who, in connection with an application under this subsection, makes a statement that he knows to be false or misleading in a material respect shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or to 3 months imprisonment or to both. | ||
(7) The District Court may, on the hearing of an application under subsection (6) of this section, grant or refuse to grant the application and may direct that the complaint or accusation to which it relates be heard again at such time and place as the Court may direct. | ||
(8) The rule-making authority for the time being for the District Court may make rules for carrying this section into effect. | ||
(9) In this section— | ||
“the Act of 1986” means the Courts (No. 3) Act, 1986 ; | ||
“a case of summary jurisdiction” means a case which may be heard or disposed of only summarily or under section 6 of the Criminal Justice Act, 1951 ; | ||
“District Court area” shall include the Dublin Metropolitan District. |