# The Armed Forces (Custody Proceedings) Rules 2009, Paragraph 2: Issue of witness summons on application to a judge advocate


This paragraph 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 hearing under these Rules; and
(b) it is in the interests of justice to issue a witness summons under this paragraph 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 paragraph, issue a witness summons directed to the person concerned and require him to—
(a) attend before the judge advocate 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 only be issued under this paragraph 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) A party who wants a judge advocate to issue a witness summons must apply as soon as practicable after becoming aware of the grounds for doing so.
(5) The party applying must—
(a) identify the proposed witness;
(b) explain—
(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 a judge advocate.
(9) A witness summons issued under this paragraph which requires a person to attend before a judge advocate 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 a judge advocate,
for inspection by the applicant.
(10) A witness summons issued under this paragraph 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.

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Source: https://www.legislation.gov.uk/uksi/2009/1098/schedule/1/paragraph/2 (the official version)
Page: https://openlegislation.uk/armed-forces-custody-proceedings-rules-2009/schedule-1/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.