[F19A Discretionary deferral.E+W
(1)If any person summoned under this Act shows to the satisfaction of the appropriate officer that there is good reason why his attendance in pursuance of the summons should be deferred, the appropriate officer may [F2, subject to subsection (2) below,] defer his attendance, and, if he does so, he shall vary the days on which that person is summoned to attend and the summons shall have effect accordingly.
[F3(1A)Without prejudice to subsection (1) above and subject to subsection (2) below, the appropriate officer—
(a)shall defer the attendance of a full-time serving member of Her Majesty’s naval, military or air forces in pursuance of a summons if subsection (1B) below applies, and
(b)for this purpose, shall vary the dates upon which that member is summoned to attend and the summons shall have effect accordingly.
(1B)This subsection applies if 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.
(1C)Nothing in subsection (1A) or (1B) above shall affect the application of subsection (1) above to a full-time serving member of Her Majesty’s naval, military or air forces in a case where subsection (1B) does not apply.]
[F4(2)The attendance of a person in pursuance of a summons shall not be deferred under subsection (1) or (1A) above if subsection (2A) or (2B) below applies.]
[F5(2A)This subsection applies where a deferral of the attendance of the person in pursuance of the summons has previously been made or refused under subsection (1) above or has previously been made under subsection (1A) above.
(2B)This subsection applies where—
(a)the person is a full-time serving member of Her Majesty’s naval, military or air forces, and
(b)in addition to certifying 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, that member’s commanding officer certifies that this position is likely to remain for any period specified for the purpose of this subsection in guidance issued under section 9AA of this Act.]
(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 defer his attendance under subsection (1) above [F6or any failure by the appropriate officer to defer his attendance as required by subsection (1A) 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 defer his attendance.]
Textual Amendments
F1S. 9A inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 120, 123(6), Sch. 8 para. 16
F2Words in s. 9A(1) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 336, Sch. 33 para. 7; S.I. 2004/829, art. 2(1)(2)(g)
F3S. 9A(1A)-(1C) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 336, Sch. 33 para. 8; S.I. 2004/829, art. 2(1)(2)(g)
F4S. 9A(2) substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 336, Sch. 33 para. 9; S.I. 2004/829, art. 2(1)(2)(g)
F5S. 9A(2A)(2B) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 336, Sch. 33 para. 10; S.I. 2004/829, art. 2(1)(2)(g)
F6Words in s. 9A(3) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 321, 336, Sch. 33 para. 11; S.I. 2004/829, art. 2(1)(2)(g)