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Criminal Procedure (Attendance of Witnesses) Act 1965

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[F12F2 Issue of witness summons on application to Crown Court.E+W+N.I.

(1)This section applies where the Crown Court is satisfied that—

(a)a person is likely to be able to give evidence likely to be material evidence, or produce any document or thing likely to be material evidence, for the purpose of any criminal proceedings before the Crown Court, and

(b)the person will not voluntarily attend as a witness or will not voluntarily produce the document or thing.

(2)In such a case the Crown Court shall, subject to the following provisions of this section, issue a summons (a witness summons) directed to the person concerned and requiring him to—

(a)attend before the Crown Court at the time and place stated in the summons, and

(b)give the evidence or produce the document or thing.

(3)A witness summons may only be issued under this section on an application; and the Crown Court may refuse to issue the summons if any requirement relating to the application is not fulfilled.

(4)Where a person has been committed for trial [F3, or sent for trial under section 51 of the Crime and Disorder Act 1998,] for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after the committal.

(5)Where the proceedings concerned have been transferred to the Crown Court, an application must be made as soon as is reasonably practicable after the transfer.

(6)Where the proceedings concerned relate to an offence in relation to which a bill of indictment has been preferred under the authority of section 2(2)(b) of the M1Administration of Justice (Miscellaneous Provisions) Act 1933 (bill preferred by direction of Court of Appeal, or by direction or with consent of judge) an application must be made as soon as is reasonably practicable after the bill was preferred.

(7)An application must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.

(8)Crown Court rules—

(a)may, in such cases as the rules may specify, require an application to be made by a party to the case;

(b)may, in such cases as the rules may specify, require the service of notice of an application on the person to whom the witness summons is proposed to be directed;

(c)may, in such cases as the rules may specify, require an application to be supported by an affidavit containing such matters as the rules may stipulate;

(d)may, in such cases as the rules may specify, make provision for enabling the person to whom the witness summons is proposed to be directed to be present or represented at the hearing of the application for the witness summons.

(9)Provision contained in Crown Court rules by virtue of subsection (8)(c) above may in particular require an affidavit to—

(a)set out any charge on which the proceedings concerned are based;

(b)specify any stipulated evidence, document or thing in such a way as to enable the directed person to identify it;

(c)specify grounds for believing that the directed person is likely to be able to give any stipulated evidence or produce any stipulated document or thing;

(d)specify grounds for believing that any stipulated evidence is likely to be material evidence;

(e)specify grounds for believing that any stipulated document or thing is likely to be material evidence.

(10)In subsection (9) above—

(a)references to any stipulated evidence, document or thing are to any evidence, document or thing whose giving or production is proposed to be required by the witness summons;

(b)references to the directed person are to the person to whom the witness summons is proposed to be directed.]

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Amendments (Textual)

F1Ss. 2-2E, the cross heading before s. 2, the cross heading before s. 2D and the cross heading following s. 2E substituted for s. 2 (4.7.1996 with effect at 1.4.1999 as appointed day by S.I. 1999/718) by 1996 c. 25, s. 66(2)(7) (with s. 78(1)); S.I. 1999/718, art. 2

F2Ss. 2-2E, the cross heading before s. 2, the cross-heading before s. 2D and the cross heading following s. 2E substituted for s. 2 (4.7.1996 with effect at 1.4.1999 (E.W.) and 21.8.2000 (N.I.)) by 1996 c. 25, s. 66(2)(7) (with s. 78(1)); S.I. 1999/718, art. 2; S.I. 2000/1968, art. 2

F3Words in s. 2(4) inserted (4.1.1999 in relation to specified areas and 15.1.2001 otherwise) by 1998 c. 37, s. 119, Sch. 8 para. 8; S.I. 1998/2327, art. 4(2), Sch. 2; S.I. 2000/3283, art. 2

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