[F12 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
[F2(b)it is in the interests of justice to issue a summons under this section to secure the attendance of that person to give evidence or to 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.
[F3(4)Where a person has been sent for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after service on that person, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998, of the documents relevant to that offence.]
F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 M1 Administration 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.
[F5(6A)Where the proceedings concerned relate to an offence that is the subject of a deferred prosecution agreement within the meaning of Schedule 17 to the Crime and Courts Act 2013, an application must be made as soon as is reasonably practicable after the suspension of the proceedings is lifted under paragraph 2(3) of that Schedule.]
(7)An application must be made in accordance with [F6Criminal Procedure Rules]; and different provision may be made for different cases or descriptions of case.
(8)[F6Criminal Procedure 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 [F7(if the application is determined at a hearing)].
(9)Provision contained in [F8Criminal Procedure 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.]
Textual Amendments
F1Ss. 2-2E and relevant cross-headings 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
F2S. 2(1)(b) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 169(1), 178(8); S.I. 2005/1521, art. 3(1)(bb)
F3S. 2(4) substituted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 42(a); S.I. 2005/1267, art. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(1)(c)(2)(3), Sch (with arts. 3, 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
F4S. 2(5) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 42(b)Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(1)(c)(2)(3), Sch (with arts. 3, 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
F5S. 2(6A) inserted (24.2.2014) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 17 para. 33 (with Sch. 17 para. 39); S.I. 2014/258, art. 2(b)
F6Words in s. 2(7)(8) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 126(a); S.I. 2004/2066, art. 2(c)(vi) (with art. 3)
F7Words in s. 2(8)(d) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 15(1), 51(3)
F8Words in s. 2(9) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 126(a); S.I. 2004/2066, art. 2(c)(vi) (with art. 3)
Marginal Citations