{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-17.1",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-17.1.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025",
  "path": "rule/17.1",
  "kind": "rule",
  "number": "17.1",
  "heading": "When this Part applies",
  "text": "This Part applies in magistrates’ courts and in the Crown Court where—\n(a) a party wants the court to issue a witness summons, warrant or order under—\n(i) section 97 of the Magistrates’ Courts Act 1980,\n(ii) paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998,\n(iii) section 2 or section 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965, or\n(iv) section 7 of the Bankers’ Books Evidence Act 1879;\n(b) the court considers the issue of such a summons, warrant or order on its own initiative as if a party had applied; or\n(c) one of those listed in rule 17.7 wants the court to withdraw such a summons, warrant or order.\n[Note. A magistrates’ court may require the attendance of a witness to give evidence or to produce in evidence a document or thing by a summons, or in some circumstances a warrant for the witness’ arrest, under section 97 of the Magistrates’ Courts Act 1980 or under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998. The Crown Court may do so under section 2, 2D or 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965.\nUnder section 97(4) of the 1980 Act, if any person attending or brought before a magistrates’ court refuses without just excuse to be sworn or give evidence, or to produce any document or thing required, the court may (i) commit that person to custody for a maximum of one month, or until that person gives evidence or produces the document or thing, if earlier, or (ii) impose a fine not exceeding £2,500, or (iii) both.\nUnder section 3 of the 1965 Act, any person who without just excuse disobeys a witness summons requiring that person to attend before any court, or disobeys a requirement made by any court under section 2A of that Act (power to require advance production of document or thing), shall be guilty of contempt of that court and may be punished summarily as if that contempt had been committed in the face of the court. No person shall be liable to committal to custody for a period exceeding three months for such disobedience.\nUnder paragraph 4(7) of Schedule 3 to the 1998 Act, if any person attending or brought before a magistrates’ court refuses without just excuse to have evidence taken as a deposition, or to produce a document or other exhibit required, the potential penalties are the same as under section 97(4) of the 1980 Act.\nUnder section 227(2) of the Sentencing Act 2020, the committal to custody of a person aged under 21 is generally prohibited but section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 allows the court to commit to detention a person aged at least 18 but under 21 if it is of the opinion that no other method of dealing with that person is appropriate.\nA magistrates’ court or the Crown Court may order the production in evidence of a copy of an entry in a banker’s book without the attendance of an officer of the bank, under sections 6 and 7 of the Bankers’ Books Evidence Act 1879. Under section 9(2) of the 1879 Act, expressions in the Act relating to “bankers’ books” include ledgers, day books, cash books, account books and other records used in the ordinary business of the bank, whether those records are in written form or are kept on microfilm, magnetic tape or any other form of mechanical or electronic data retrieval mechanism.\nSee Part 3 for the court’s general powers to consider an application and to give directions.]",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 17.1 in force at 6.10.2025, see Preamble"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1980 c. 43; section 97 was amended by sections 13 and 14 of, and paragraph 7 of Schedule 2 to, the Contempt of Court Act 1981 (c. 47), section 31 of, and paragraph 2 of Schedule 4 to, the Criminal Justice (International Co-operation) Act 1990 (c. 5), sections 17 and 65 of, and paragraph 6 of Schedule 3 and Part I of Schedule 4 to, the Criminal Justice Act 1991 (c. 53), section 65 of, and paragraph 6 of Schedule 3 to, the Criminal Justice Act 1993 (c. 36), section 51 of the Criminal Procedure and Investigations Act 1996 (c. 25), section 169 of the Serious Organised Crime and Police Act 2005 (c. 15) and section 17 of, and paragraph 99 of Schedule 10 to, the Crime and Courts Act 2013 (c. 22)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1998 c. 37; paragraph 4 of Schedule 3 was amended by paragraphs 15, 20, 68 and 72 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), section 169 of the Serious Organised Crime and Police Act 2005 (c. 15), article 3 of, and paragraphs 35 and 37 of the Schedule to, S.I. 2004/2035, article 2 of, and paragraph 61 of the Schedule to, S.I. 2005/886 and section 18 of, and paragraph 15 of Schedule 2 to, the Judicial Review and Courts Act 2022 (c. 35)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1965 c. 69; section 2 was substituted by section 66 of the Criminal Procedure and Investigations Act 1996 (c. 25) and amended by section 119 of, and paragraph 8 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), section 109 of, and paragraph 126 of Schedule 8 to, the Courts Act 2003 (c. 39), paragraph 42 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), section 169 of the Serious Organised Crime and Police Act 2005 (c. 15), paragraph 33 of Schedule 17 to the Crime and Courts Act 2013 (c. 22) and section 15 of the Judicial Review and Courts Act 2022 (c. 35). Section 4 was amended by section 56 of the Courts Act 1971 (c. 23) and sections 65, 66 and 67 of the Criminal Procedure and Investigations Act 1996 (c. 25)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1879 c. 11."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1965 c. 69; section 2D was inserted by section 66 of the Criminal Procedure and Investigations Act 1996 (c. 25)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "2020 c. 17."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "2000 c. 6; section 108 was amended by section 416 of, and paragraph 163 of Schedule 24 to, the Sentencing Act 2020 (c. 17)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "1879 c. 11; section 9 was substituted by section 51 of, and paragraph 1 of Schedule 6 to, the Banking Act 1979 (c. 37) and amended by sections 4 and 7 of, and Schedule 4 to, the Trustee Savings Bank Act 1985 (c. 58), section 120 of, and paragraph 1 of Schedule 18 to, the Building Societies Act 1986 (c. 53), S.I. 2001/1149 and 3649 and section 114 of, and paragraph 27 of Schedule 18 to, the Financial Services Act 2012 (c. 21)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "word inserted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/909/rule/17.1",
    "retrieved_at": "2026-10-28T21:12:44.140935+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}