Page 768 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
(5) Where the chief officer of police is unable to cause any process or document to be served
as directed, he must at once inform the Secretary of State (or, as the case may be, the Lord Advo-
cate) of that fact and of the reason.
Service of UK process abroad
3-General requirements for service of process
(1) This section applies to any process issued or made for the purposes of criminal procee-
dings by a court in England andWales or Northern Ireland.
(2) The process may be issued or made in spite of the fact that the person on whom it is to be
served is outside the United Kingdom.
(3) Where the process is to be served outside the United Kingdom and the person at whose
request it is issued or made believes that the person on whom it is to be served does not unders-
tand English, he must—
(a) inform the court of that fact, and
(b) provide the court with a copy of the process, or of so much of it as is material, trans-
lated into an appropriate language.
(4) Process served outside the United Kingdom requiring a person to appear as a party or
attend as a witness—
(a) must not include notice of a penalty,
(b) must be accompanied by a notice giving any information required to be given by
rules of court.
(5) If process requiring a person to appear as a party or attend as a witness is served outside
the United Kingdom, no obligation to comply with the process under the law of the part of the
United Kingdom in which the process is issued or made is imposed by virtue of the service.
(6) Accordingly, failure to comply with the process does not constitute contempt of court and
is not a ground for issuing a warrant to secure the attendance of the person in question.
(7) But the process may subsequently be served on the person in question in the United King-
dom (with the usual consequences for non-compliance).
4 - Service of process otherwise than by post