Section 9 Excusal for certain persons and discretionary excusal.

England and Wales

(1)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

If any person summoned under this Act shows to the satisfaction of the appropriate officer that there is good reason why he should be excused from attending in pursuance of the summons, the appropriate officer may F2, subject to section 9A(1A) of this Act, excuse him from so attending F3. . . .

F4(2A)

Without prejudice to subsection (2) above, the appropriate officer shall excuse a F5member of the regular forces from attending in pursuance of a summons if—

(a)

that member’s commanding officer certifies to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty, and

(b)

subsection (2A) or (2B) of section 9A of this Act applies.

(2B)

Subsection (2A) above does not affect the application of subsection (2) above to a F6member of the regular forces in a case where he is not entitled to be excused under subsection (2A).

(3)

F7Criminal Procedure Rules shall provide a right of appeal to the court (or one of the courts) before which the person is summoned to attend against any refusal of the appropriate officer to excuse him under subsection (2) above F8or any failure by the appropriate officer to excuse him as required by subsection (2A) above.

(4)

Without prejudice to the preceding provisions of this section, the court (or any of the courts) before which a person is summoned to attend under this Act may excuse that person from so attending;

Annotations

Textual amendments

F1: S. 9(1) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 332, 336, Sch. 33 para. 3, Sch. 37 Pt. 10; S.I. 2004/829, art. 2(1)(2)(g)(l)(iv)
F2: Words in s. 9(2) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 336, Sch. 33 para. 4; S.I. 2004/829, art. 2(1)(2)(g)
F3: Words in s. 9(2) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 10; S.I. 2004/829, art. 2(1)(2)(l)(iv)
F4: S. 9(2A)(2B) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 336, Sch. 33 para. 5; S.I. 2004/829, art. 2(1)(2)(g)
F5: Words in s. 9(2A) substituted (30.6.2018) by Armed Forces (Flexible Working) Act 2018 (c. 2), ss. 2(2), 3(3); S.I. 2018/799, reg. 2
F6: Words in s. 9(2B) substituted (30.6.2018) by Armed Forces (Flexible Working) Act 2018 (c. 2), ss. 2(2), 3(3); S.I. 2018/799, reg. 2
F7: Words in s. 9(3) substituted (1.9.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 172(a); S.I. 2004/2066, art. 2(c)(viii) (with art. 3)
F8: Words in s. 9(3) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 336, Sch. 33 para. 6; S.I. 2004/829, art. 2(1)(2)(g)