68Manner of service of subpoena

68 Manner of service of subpoena

68 Manner of service of subpoena

(cf Coroners Act 1980, s 37)

(1) A subpoena issued under this Part must be served by—

(a) a police officer, or

(b) where the coroner or assistant coroner issuing the subpoena so directs—the Sheriff, or a sheriff’s officer, within the meaning of the Sheriff Act 2005.

(2) Service of a subpoena may be effected—

(a) by handing it to the person to whom it is directed, or

(b) if the person is an inmate of a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999)—

(i) by handing it to the officer in charge of the correctional centre, or

(ii) by sending it by post or facsimile or other electronic transmission to the officer in charge at the correctional centre, or

(c) if the person is a police officer or a public officer—

(i) by sending it by post or facsimile to the person’s business address, or

(ii) by sending it by electronic communication to the person’s business email address, or

(d) if the person is not a police officer, public officer or inmate—

(i) by sending it by post or facsimile to the person’s residential address, or

(ii) by sending it by electronic communication to the person’s email address, or

(e) if the person is represented by a legal practitioner—by leaving it, with the consent of the relevant legal practitioner for the person, at the relevant legal practitioner’s address for service or by sending it to that address by post or facsimile or by sending it to the legal practitioner’s email address for service by electronic communication.

(3) If, on tender of a subpoena, the person refuses to accept it, it may be served by putting it down in the person’s presence after the person has been told of the nature of the subpoena.