HC Deb 12 June 1996 vol 279 cc392-3

51DB.—(1) If a witness summons issued under section 51DA is directed to a person who—

  1. (a) applies to the Crown Court, and
    2. 393
  2. (b) satisfies the court that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence,
the court may direct that the summons shall be of no effect.

(2) The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled.

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

(4) Crown Court rules may, in such cases as the rules may specify, require that where—

  1. (a) a person applying under this section can produce a particular document or thing, but
  2. (b) he seeks to satisfy the court that the document or thing is not likely to be material evidence,
he must arrange for the document or thing to be available at the hearing of the application.'

No. 28, in page 70, line 46, at end insert—

'26A. In section 64(1) for "section 9 of the Criminal Justice Act 1967" substitute "section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968" and for "subsection (3)(a)" substitute "subsection (4)(a)".'

No. 29, in page 75, line 38, leave out from beginning to end of line 44 and insert—

'1. WAR CRIMES
Chapter or Number Short title Extent of repeal
1981 NI 18 The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. In Article 29(2), sub-paragraph (d) and the word "or" immediately before it.
1991 c.13 The War Crimes Act1991. Section 1(4), so far as relating to Part II of the Schedule. Section 3(3). Part II of the Schedule.
' —[Mr. Maclean.]

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