# The Criminal Procedure Rules 2025, Rule 17.1: When this Part applies

Extent: E+W

This Part applies in magistrates’ courts and in the Crown Court where—
(a) a party wants the court to issue a witness summons, warrant or order under—
(i) section 97 of the Magistrates’ Courts Act 1980,
(ii) paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998,
(iii) section 2 or section 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965, or
(iv) section 7 of the Bankers’ Books Evidence Act 1879;
(b) the court considers the issue of such a summons, warrant or order on its own initiative as if a party had applied; or
(c) one of those listed in rule 17.7 wants the court to withdraw such a summons, warrant or order.
[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.
Under 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.
Under 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.
Under 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.
Under 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.
A 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.
See Part 3 for the court’s general powers to consider an application and to give directions.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/17.1 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-17.1/enacted
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.