OpenLegislation

Paragraph 1

Original text. Later amendments are not shown.

(1)

This paragraph applies where the judicial officer is satisfied that—

(a)

a person is likely to be able to give evidence likely to be material evidence, or produce any document or thing likely to be material evidence; and

(b)

the person will not voluntarily attend as a witness or will not voluntarily produce the document or thing.

(2)

In such a case the judicial officer shall, subject to the following provisions of this paragraph, direct the relevant court administration officer to issue a summons (a witness summons) directed to the person concerned and requiring him to—

(a)

attend a hearing at the time and place stated in the summons, and

(b)

give evidence or produce the document or thing.

(3)

A witness summons issued under this paragraph shall be in the form specified in the Appendix to this Schedule.

(4)

A witness summons may only be issued under this paragraph on an application made in accordance with paragraph 3; and the judicial officer may refuse to direct that a witness summons be issued if any requirement relating to the application is not fulfilled.

(5)

An application for a witness summons may be made by either the commanding officer or the person to whom the proceedings relate.