PART 28WITNESS SUMMONSES, WARRANTS AND ORDERS

When this Part applies28.1

1

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 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 28.7 wants the court to withdraw such a summons, warrant or order.

2

A reference to a ‘witness’ in this Part is a reference to a person to whom such a summons, warrant or order is directed.

[Note. See section 2D of the Criminal Procedure (Attendance of Witnesses) Act 1965 for the Crown Court’s power to issue a witness summons on the court’s own initiative.]