OpenLegislation

Section 2E Application to make summons ineffective.F2

England, Wales and Northern Ireland

(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,

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 F1Criminal Procedure Rules; and different provision may be made for different cases or descriptions of case.

(4)

Criminal Procedure 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,

he must arrange for the document or thing to be available at the hearing of the application.

Annotations

Textual amendments

F1

Words in s. 2E(3)(4) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 126(d); S.I. 2004/2066, art. 2(c)(vi) (with art. 3)

F2

Ss. 2-2E and relevant cross-headings substituted for s. 2 (4.7.1996, with effect at 1.4.1999, (E.W.) and 21.8.2000 (N.I.)) by 1996 c. 25, s. 66(2)(7) (with s. 78(1)); S.I. 1999/718, art. 2; S.I. 2000/1968, art. 2

Notes on the whole Act

Textual amendments

F1

Act amended (E.W.) by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 5(8)

Notes on Issue of witness summons of court’s own motion

Textual amendments

F1

Ss. 2-2E, the cross heading before s. 2, the cross heading before s. 2D and the cross heading following s. 2E substituted for s. 2 (4.7.1996 with effect at 1.4.1999 (E.W.) and 21.8.2000 (N.I.)) by 1996 c. 25, s. 66(2)(7) (with s. 78(1)); S.I. 1999/718, art. 2; S.I. 2000/1968, art. 2