HC Deb 12 June 1996 vol 279 cc386-7

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—

  1. (a) attend before the court at the time and place stated in the summons, and
  2. (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—

  1. (a) applies to the Crown Court, and
  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.

Other provisions'.—[Mr. Maclean.]

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