Rule 17.2 Issue etc. of summons, warrant or orderI1
England and Wales
The court may issue or withdraw a witness summons, warrant or order—
at a hearing, which must be in private unless the court otherwise directs; or
without a hearing.
A summons or warrant issued under section 97 of the Magistrates’ Courts Act 1980 or under section 2 or 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965 must specify—
the time and place at which the witness must attend the court to give evidence; and
any document or thing that the witness then must produce.
A warrant issued under section 97 of the 1980 Act may specify a period, not exceeding one month, for which the witness may be committed to custody for refusal without just excuse—
to give evidence; or
to produce any document or thing required.
A summons or warrant issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998—
must specify—
the time and place at which the witness must attend the court to have evidence taken as a deposition, and
any document or other exhibit that the witness then must produce; and
may specify a period, not exceeding one month, for which the witness may be committed to custody for refusal without just excuse—
to have evidence taken as a deposition, or
to produce any such document or other exhibit.
[Note. If rule 17.5 applies, a person served with an application for a witness summons will have an opportunity to make representations about whether there should be a hearing of that application before the witness summons is issued.
Under section 97(4) of the Magistrates’ Courts Act 1980, a warrant issued under section 97(2) or (3) may specify a maximum period of potential committal to custody, up to one month, for refusal without just excuse to be sworn or give evidence, or to produce any document or thing required.
Under paragraph 4(6) of Schedule 3 to the Crime and Disorder Act 1998, the time specified for attendance in a summons or warrant issued under that paragraph must be such as to allow a deposition to be taken before time expires for the service of prosecution evidence in the Crown Court. Under paragraph 4(7), the summons or warrant may specify a maximum period of potential committal to custody, up to one month, for refusal without just excuse to have evidence taken as a deposition, or to produce a document or other exhibit required.]