(1)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)If any person summoned under this Act shows to the satisfaction of the appropriate officer that there is good reason why he should be excused from attending in pursuance of the summons, the appropriate officer may [F2, subject to section 9A(1A) of this Act,] excuse him from so attending F3. . . .
[F4(2A)Without prejudice to subsection (2) above, the appropriate officer shall excuse a full-time serving member of Her Majesty’s naval, military or air forces from attending in pursuance of a summons if—
(a)that member’s commanding officer certifies to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty, and
(b)subsection (2A) or (2B) of section 9A of this Act applies.
(2B)Subsection (2A) above does not affect the application of subsection (2) above to a full-time serving member of Her Majesty’s naval, military or air forces in a case where he is not entitled to be excused under subsection (2A).]
(3)Crown Court rules shall provide a right of appeal to the court (or one of the courts) before which the person is summoned to attend against any refusal of the appropriate officer to excuse him under subsection (2) above [F5or any failure by the appropriate officer to excuse him as required by subsection (2A) above].
(4)Without prejudice to the preceding provisions of this section, the court (or any of the courts) before which a person is summoned to attend under this Act may excuse that person from so attending;
Textual Amendments
F1S. 9(1) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 332, 336, Sch. 33 para. 3, Sch. 37 Pt. 10; S.I. 2004/829, art. 2(1)(2)(g)(l)(iv)
F2Words in s. 9(2) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 336, Sch. 33 para. 4; S.I. 2004/829, art. 2(1)(2)(g)
F3Words in s. 9(2) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 10; S.I. 2004/829, art. 2(1)(2)(l)(iv)
F4S. 9(2A)(2B) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 336, Sch. 33 para. 5; S.I. 2004/829, art. 2(1)(2)(g)
F5Words in s. 9(3) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 336, Sch. 33 para. 6; S.I. 2004/829, art. 2(1)(2)(g)
Modifications etc. (not altering text)
C1S. 9(1) amended by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20(1), Sch. 3 para. 1