SERVICE OF NOTICE BY MAIL REGULATIONS

SERVICE OF NOTICE BY MAIL

SUBSIDIARY LEGISLATION 291.03

SERVICE OF NOTICE BY MAIL REGULATIONS

2nd July, 2004

LEGAL NOTICE 350 of 2004, as amended by Legal Notices 51 of 2005

and 27 of 2021.

The title of these regulations is the Service of Notice by

Mail Regulations.

In these regulations, unless the context otherwise requires -

"authorised officer" means any Police Officer, and any other

officer, authority or person who is responsible for the enforcement

of any law as is mentioned in article 14(2) of the principal Act;

"principal Act" means the Commissioners for Justice Act;

"scheduled offence" means an offence declared to be a scheduled

offence under the principal Act.

"working days" means the days of the week from Monday to Friday

excluding public holidays.

(1) The notice referred to in article 14(2) of the principal

Act shall be handed over to the person suspected of having

committed a scheduled offence at the time the person was detected

committing the act or omission giving rise to the suspicion.

(2)

Where -

(a) for any of the reasons laid down in subregulation (3) it

is not practical to hand over the notice to the person as

aforesaid or to fix the notice as provided in article

14(2) of the principal Act; or

(b) the person is captured committing the act or omission

giving rise to the suspicion on a film or photograph

taken by means of close circuit television,

the authorised officer shall ensure that within five (5) working days

from the day on which the person was detected committing the act

or omission giving rise to the suspicion, the notice is sent by mail

to that person.

(3) The reasons referred to in subregulation (2) are the

following

(a) for reasons of over-speeding, dangerous driving or

other serious reason;

(b) where in the exercise of his duties under article 14(2)

of the principal Act the authorised officer is

threatened, assaulted or insulted or is otherwise

confronted with a hostile conduct.

(4) The notice referred to in subregulation (2) shall, besides the

information required by article 14(2) of the principal Act, include

all the facts that led the authorised officer to issue the notice, and

SERVICE OF NOTICE BY MAIL

also the reasons why the notice was not served at the time the

person was detected committing the act or omission giving rise to

the suspicion.

(5) Where the procedures so established in this regulation are

not followed, the notice issued shall be null ipso jure.

For all intents and purposes of law it shall be sufficient

proof that the notice was sent by mail to the person if the authorised

officer confirms on oath that the notice has been so mailed.

Where a person is subscribed to the service of summons by

electronic mail under the Service of Summons by Electronic Mail

Regulations, the notice referred to in regulation 3 and in the proviso to

article 14(2A) of the principal Act may be sent by electronic mail and

the provisions of these regulations shall mutatis mutandis apply.

The provisions of article 14 of the principal Act shall

mutatis mutandis apply to the notice sent by mail in pursuance of

regulation 3(2) as they apply to the notice handed over or affixed in

terms of article 14 of the principal Act.