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Criminal Procedure (Attendance of Witnesses) Act 1965

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This is the original version (as it was originally enacted).

Schedule 1Application for Direction that Witness Summons be of no effect

Procedure

1Any application under section 2(2) of this Act for a direction in respect of a witness summons shall be made in accordance with rules of court or, in the case of an application to a court of quarter sessions, the standing orders of that court.

2Provision shall be made by rules of court or, as the case may be, standing orders—

(a)for requiring the service of notice of any such application on the person at whose instance the witness summons was issued;

(b)for enabling any such application to the High Court to be heard and determined by a judge of that Court in chambers;

(c)for enabling any such application to a court of quarter sessions to be heard and determined otherwise than in court—

(i)in the case of quarter sessions for a county or a London commission area, by the chairman or any deputy chairman;

(ii)in the case of quarter sessions for a borough, by the recorder or any deputy or assistant recorder.

Costs

3Where on any such application a direction is given that a witness summons shall be of no effect, the person at whose instance the summons was issued may be ordered to pay the whole or any part of the costs of the application.

4Any costs payable under such an order shall be taxed by the proper officer of the court, and payment of those costs shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case or as a sum adjudged summarily to be paid as a civil debt.

Schedule 2Consequential Amendments and Repeals

Part I

The Writ of Subpoena Act 1805. 45 Geo. 3. c. 92.In sections 3 and 4 references to a writ of subpoena requiring the appearance of a person to give evidence shall be construed as including references to a witness summons under section 2 of this Act.
The Quarter Sessions Act 1842. 5 & 6 Vict. c. 38.In section 3 references to a recognisance to give evidence shall be construed as references to a witness order or conditional witness order.
The Assizes Relief Act 1889. 52 & 53 Vict. c. 12.

In section 3(1) the words from " and persons have been bound over " to " for any county or place " shall be omitted and for the words

that court

there shall be substituted the words

a court of quarter sessions for any county or place.

The Criminal Justice Act 1925. 15 & 16 Geo. 5. c. 86.

In section 13(3), in paragraph (a), for the words " whose attendance at the trial is stated to be unnecessary in accordance with the provisions of this section " there shall be substituted the words

in respect of whom a conditional witness order, or an order treated as a conditional witness order, has been made under section 1 of the Criminal Procedure (Attendance of Witnesses) Act 1965,

and in proviso (ii), for the words from " whose attendance " to " aforesaid " there shall be substituted the words

in respect of whom such an order as aforesaid has been made.

The Magistrates' Courts Act 1952. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 55.

In section 122(1)(e) for the words " of persons bound over conditionally by examining justices to attend a trial on indictment" there shall be substituted the words

at a trial on indictment of persons in respect of whom conditional witness orders, or orders treated as conditional witness orders, have been made under section 1 of the Criminal Procedure (Attendance of Witnesses) Act 1965.

Part II

ChapterShort TitleExtent of Repeal
1 Edw. 6. c. 1. 38 Geo. 3. c. 52.The Sacrament Act 1547. The Counties of Cities Act 1798.

Section 3.

In section 3 the words from "and to cause the prosecutors " to " adjoining county ".

In section 5 the words from the beginning to " franchise", the words from "for the appearance as well of witnesses " to " aforesaid, as ", the words " to give evidence upon such bill of indictment, or", the words "prosecute or give or be ready to give evidence" and the words from "prosecute, give" to " inquisition ".

5 Geo. 4. c. 83.The Vagrancy Act 1824.Section 9.
7 Geo. 4. c. 64.The Criminal Law Act 1826.In section 31, the words from " to prosecute" to " misdemeanor, or ".
3 & 4 Vict. c. 50.The Canals (Offences) Act 1840.Section 19.
5 & 6 Vict. c. 38.The Quarter Sessions Act 1842.In section 3, the words from the beginning to " to try, and ", the words " prosecute and " and the words "prosecuting such offence ".
7 & 8 Vict. c. 2.The Admiralty Offences Act 1844.In section 3 the words from " and shall have authority " to " accused " and the words " and recognizances ".
14 & 15 Vict. c. 55.The Criminal Justice Administration Act 1851.In section 19, the words from " and the recognizances " to " next adjoining county " and the word " recognizances" where it next occurs.
14 & 15 Vict. c. 100.The Criminal Procedure Act 1851.In section 27 the words from " and may respite" to the end.
42 & 43 Vict. c. 22.The Prosecution of Offences Act 1879.In section 7, the first paragraph, and in the second paragraph, the words " had been bound over to prosecute and ".
50 & 51 Vict. c. 71.The Coroners Act 1887.

In section 5(1), the words from " and shall bind by recognizance " to the end.

In section 20(2), the words " prosecute, give evidence, or " in both places where they occur.

52 & 53 Vict. c. 12.The Assizes Relief Act 1889.

In section 1(2) the words " prosecute or ".

In section 3(1), the words from " and persons have been bound over" to " for any county or place ".

15 & 16 Geo. 5. c. 49.The Supreme Court of Judicature (Consolidation) Act 1925.In section 78(4), the words " to appear and give evidence".
16 & 17 Geo. 5. c. 59.The Coroners (Amendment) Act 1926.In section 25(2), the words " to bind over witnesses and ".
15 & 16 Geo. 6. & 1 Eliz. 2. c. 55.The Magistrates' Courts Act 1952.Section 5.

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