- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Criminal Procedure (Attendance of Witnesses) Act 1965, Section 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)If a judge of the [F1Crown Court] is satisfied by evidence on oath that a witness in respect of whom a F2. . . witness summons is in force is unlikely to comply with the F2. . . summons, the judge may issue a warrant to arrest the witness and bring him before the court before which he is required to attend:
Provided that a warrant shall not be issued under this subsection F3. . . unless the judge is satisfied by such evidence as aforesaid that the witness is likely to be able to give [F4evidence likely to be] material evidence or produce any document or thing likely to be material evidence in the proceedings.
(2)Where a witness who is required to attend before [F5the Crown Court]by virtue of F6. . . a witness summons fails to attend in compliance with the F6. . . summons, that court may—
(a)in any case, cause to be served on him a notice requiring him to attend the court forthwith or at such time as may be specified in the notice;
(b)if the court is satisfied that there are reasonable grounds for believing that he has failed to attend without just excuse, or if he has failed to comply with a notice under paragraph (a) above, issue a warrant to arrest him and bring him before the court.
(3)A witness brought before a court in pursuance of a warrant under this section may be remanded by that court in custody or on bail (with or without sureties) until such time as the court may appoint for receiving his evidence or dealing with him under section 3 of this Act; and where a witness attends a court in pursuance of a notice under this section the court may direct that the notice shall have effect as if it required him to attend at any later time appointed by the court for receiving his evidence or dealing with him as aforesaid.
Textual Amendments
F1Words in s. 4(1) substituted (4.7.1996 with effect as mentioned in S.I. 1999/716, art. 2) by 1996 c. 25, s. 67 (with s 78(1)); S.I. 1999/716, art. 2
F2Words in s. 4(1) repealed (4.7.1996) by 1996 c. 25, ss. 65(2)(b), (4), 80, Sch. 5 para. 2 (with s 78(1)); S.I. 1997/683, art. 1
F3Words in s. 4(1) proviso. repealed (4.7.1996) by 1996 c. 25, ss. 65(2)(c), (4), 80, Sch. 5 para. 2 (with s 78(1)); S.I. 1997/683, art. 1
F4Words in s. 4(1) inserted (4.7.1996) by 1996 c. 25, s. 66(5)(7) (with s 78(1))
F5Words substituted by Courts Act 1971 (c. 23 Sch. 8 para. 45(4)
F6Words in s. 4(2) repealed (4.7.1996) by 1996 c. 25, s. 65(2)(d), (4), 80, Sch. 5 para. 2 (with s 78(1)); S.I. 1997/683, art. 1
Modifications etc. (not altering text)
C1S. 4 amended by Courts Act 1971 (c. 23), Sch. 8 para. 45(3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: