Rule 17.7 Application to withdraw a summons, warrant or orderI1

England and Wales

(1)

The court may withdraw a witness summons, warrant or order if one of the following applies for it to be withdrawn—

(a)

the party who applied for it, on the ground that it no longer is needed;

(b)

the witness, on the grounds that the court received no representations by the witness before the summons, warrant or order was issued and, in the Crown Court, the witness had had no notice of any application for a summons, and—

(i)

the witness cannot give or produce evidence likely to be material evidence, or

(ii)

even if the witness could do so, the witness’ duties or rights, including rights of confidentiality, or those of any person to whom the evidence relates, outweigh the reasons for the issue of the summons, warrant or order;

(c)

any person to whom the proposed evidence relates, on the grounds that the court received no representations by that person before the summons, warrant or order was issued and—

(i)

that evidence is not likely to be material evidence, or

(ii)

even if it is, that person’s duties or rights, including rights of confidentiality, or those of the witness, outweigh the reasons for the issue of the summons, warrant or order; or

(d)

the bank to which the order is directed, on the ground that a requirement of the Bankers’ Books Evidence Act 1879 is not met.

(2)

A person applying under this rule must—

(a)

apply in writing as soon as practicable after becoming aware of the grounds for doing so, explaining why the court should withdraw the summons, warrant or order; and

(b)

serve the application on the court officer and as appropriate on—

(i)

the witness or bank,

(ii)

the party (if any) who applied for the summons, warrant or order, and

(iii)

any other person who was served with the application (if any) for the summons, warrant or order.

(3)

Rule 17.6 applies to an application under this rule that concerns a document or thing to be produced by a witness in evidence.

[Note. See sections 2B, 2C and 2E of the Criminal Procedure (Attendance of Witnesses) Act 1965^f1 for the Crown Court’s powers to withdraw a witness summons, including the power to order costs.]

Annotations

Commencement

I1: Rule 17.7 in force at 6.10.2025, see Preamble

Footnotes

f1: 1965 c. 69; sections 2B, 2C and 2E were inserted by section 66 of the Criminal Procedure and Investigations Act 1996 (c. 25) and amended by section 109 of, and paragraph 126 of Schedule 8 to, the Courts Act 2003 (c. 39).