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49.—(1) This rule applies where a judge advocate 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 proceedings before the court; and
(b)it is in the interests of justice to issue a witness summons under this rule to secure the attendance of that person to give evidence or to produce the document or thing.
(2) In such a case, the judge advocate shall, subject to the following provisions of this rule, issue a witness summons directed to the person concerned and requiring him to—
(a)attend before the court at the time and place stated in the witness summons; and
(b)give the evidence or produce the document or thing.
(3) A witness summons may be issued under this rule only on an application; and the judge advocate may refuse to issue the witness summons if any requirement relating to the application is not fulfilled.
(4) An application for a witness summons must be made as soon as practicable after the applicant becomes aware of the grounds for making it.
(5) The application must—
(a)identify the proposed witness;
(i)what evidence the proposed witness can give or produce;
(ii)why it is likely to be material evidence; and
(iii)why it would be in the interests of justice to issue a witness summons.
(6) The application may be made orally unless the judge advocate otherwise directs.
(7) An application in writing must contain a declaration that the facts stated in it are true to the best of the applicant’s knowledge and belief.
(8) An application in writing must be served on the court administration officer and as directed by the judge advocate.
(9) A witness summons issued under this rule which requires a person to attend before the court and produce a document or thing may also require him to produce the document or thing—
(a)at a place stated in the witness summons, and
(b)at a time so stated, before the time at which the summons requires him to attend before the court,
for inspection by the applicant.
(10) A witness summons issued under this rule must state that failure to comply with the summons may result in the issue of a warrant for the arrest of the person to whom the summons is addressed.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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