§ Amendments made: No. 1, in page 40, line 32, leave out 'sections'.
§ No. 2, in page 40, line 33, at end insert—
§ '"Issue of witness summons on application'.
§ No. 3, in page 40, line 34, leave out
§ 'Summons to witness to attend Crown Court'
§ and insert
§ 'Issue of witness summons on application to Crown Court'.
§ No. 4, in page 41, line 5, after 'issued' insert 'under this section'.
§ No. 5, in page 41, line 6, leave out
§ 'by a party to the case'.
§ No. 6, in page 41, line 26, at end insert—
§ '(aa) may, in such cases as the rules may specify, require an application to be made by a party to the case;'.
§ No. 7, in page 41, line 37, after 'hearing' insert
§ 'of the application for the witness summons'.
§ No. 8, in page 42, line 13, after 'summons' insert
§ 'which is issued under section 2 above and'.
§ No. 9, in page 43, line 45, at end insert—
§ 'Issue of witness summons of court's own motion
§ Issue of witness summons of Crown Court's own motion
§ 2D. For the purpose of any criminal proceedings before it, the Crown Court may of its own motion issue a summons (a witness summons) directed to a person and requiring him to—
- (a) attend before the court at the time and place stated in the summons, and
- (b) give evidence, or produce any document or thing specified in the summons.
§ Application to make summons ineffective
§ 2E.—(1) If a witness summons issued under section 2D above is directed to a person who—
- (a) applies to the Crown Court, and
- (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,
§ (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—
- (a) a person applying under this section can produce a particular document or thing, but
- (b) he seeks to satisfy the court that the document or thing is not likely to be material evidence,
§ Other provisions'.—[Mr. Maclean.]