When this Part applies
28.1.—(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.]