The Magistrates' Courts (Northern Ireland) Order 1981

Summons to witness or warrant for his arrest N.I.

118.—(1) Where a justice of the peace is satisfied that any person is able to give material evidence or produce any document or thing before a magistrates' court, he may issue a summons directed to such person requiring him to attend before the court at the time and place appointed in the summons to give evidence or to produce the document or thing.

(2) Where a justice of the peace is satisfied by evidence on oath that it is probable that a person[F1 in Northern Ireland] will not attend to give evidence at a preliminary investigation or preliminary inquiry, the complaint being in writing and on oath, he may, instead of issuing a summons to such person under paragraph (1), issue a warrant for his arrest.

(3) Upon failure of any person to attend before a magistrates' court in answer to a summons under paragraph (1), if—

(a) the court is satisfied by evidence on oath that he is likely to be able to give material evidence or produce any document or thing likely to be material evidence in the proceedings; and

(b) it is proved on oath or by affidavit or in such other manner as may be prescribed that such summons was duly served upon such person or that he is evading service and that he is able to give material evidence; and

(c) no just excuse has been shown for such failure to attend;

a justice of the peace may issue a warrant to arrest him and bring him before a magistrates' court to testify and to produce such documents or things as may be required.

(4) Where a person is arrested upon a warrant issued under this Article he shall be brought, as soon as practicable, before a magistrates' court which may, if desirable, discharge such person upon his entering a recognizance to appear before that or any other magistrates' court at the time and place specified in the recognizance and, if necessary, to appear at every time and place to which during the proceedings the hearing may be adjourned.

F1 1990 c. 5