Serious Organised Crime and Police Act 2005

Serious Organised Crime and Police Act 2005

2005 CHAPTER 15

The Act

Commentary on Sections

Schedule 13: Abolition of Royal Parks Constabulary: Supplementary

Section 169: Powers of Crown Court and Magistrates' Court to issue witness summons

438. This section amends section 2(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965, section 97 and 97A of the Magistrates Courts Act 1980, paragraph 4(1) of Schedule 3 to the Crime and Disorder Act 1998 and section 51A(1) of the Judicature (Northern Ireland) Act 1978. Under the law as it currently stands, the court must issue a summons if two conditions are met. First, if 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 court. Second, if the person will not voluntarily attend as a witness or will not voluntarily produce the document or thing. This section alters this second condition so that the test for the issuing of a witness summons is instead that the court is satisfied that it is in the interests of justice to do so. This will allow a court to issue a witness summons in more situations and, specifically, earlier in the proceedings in order to pre-empt the likely non-attendance of a witness. It applies equally to both applications for a witness summons by the defence and the prosecution.