Search Legislation

Criminal Procedure (Attendance of Witnesses) Act 1965

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)

Status:

This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.

5Provisions supplementary to s. 4

(1)Subject to the following provisions of this section, if at the time when a witness is arrested under section 4 of this Act he cannot forthwith be brought before the court of assize or quarter sessions specified in the warrant because that court is not being held, the warrant shall have effect as if it directed him to be brought before a magistrates' court for the place where he is arrested; and that court shall commit him to custody or release him on bail (with or without sureties) until he can be brought or appear before that court of assize or quarter sessions.

(2)If the judge or court issuing a warrant in respect of any witness under section 4 of this Act is of opinion that it is appropriate to do so, the judge or court may endorse the warrant for bail, and in any such case—

(a)on the arrest of the witness under the warrant he shall, unless he can forthwith be brought before the court specified in the warrant, be taken to a police station; and

(b)the officer in charge of the station shall release him from custody if he, and any sureties required by the endorsement and approved by the officer, enter into recognisances of such amount as may be fixed by the endorsement, conditioned for the appearance of the witness before the court specified in the warrant; and

(c)subsection (1) above shall not apply except where the witness is unable to secure his release in accordance with this subsection.

(3)If a court issuing a warrant in respect of any witness under section 4(2) of this Act is of opinion that the evidence of the witness can be dispensed with but that consideration should be given to dealing with him under section 3 of this Act, it may endorse the warrant as issued for the purposes of the said section 3, and in any such case—

(a)the magistrates' court shall not commit a witness to custody under subsection (1) above unless satisfied that the court specified in the warrant will be held within seven days after the date of the committal; and

(b)if not so satisfied the magistrates' court may, instead of releasing him on bail, commit him to custody to be brought before a judge of the High Court or a commissioner of assize, and that judge or commissioner shall in respect of the witness have all the powers of the court under section 3 of this Act.

(4)Where a witness appears before a court in pursuance of a recognisance entered into under section 4(3) of this Act or this section, the court may enlarge his recognisance and those of his sureties, if any, to any later time appointed by the court for receiving the evidence of that person or dealing with him under section 3 of this Act.

(5)Without prejudice to the enforcement of any recognisance entered into as aforesaid, section 4 of this Act shall apply to any witness who fails to attend before a court in compliance with such a recognisance as it applies to a witness who fails to attend in obedience to a witness order or witness summons, and the foregoing provisions of this section shall have effect accordingly.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources