When this Part applies
17.1.—(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(1),
(ii)paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998(2),
(iii)section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965(3), or
(iv)section 7 of the Bankers’ Books Evidence Act 1879(4);
(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 17.7 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. A magistrates’ court may require the attendance of a witness to give evidence or to produce in evidence a document or thing by a summons, or in some circumstances a warrant for the witness’ arrest, under section 97 of the Magistrates’ Courts Act 1980 or under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998. The Crown Court may do so under sections 2, 2D, 3 and 4 of the Criminal Procedure (Attendance of Witnesses) Act 1965. Either court may order the production in evidence of a copy of an entry in a banker’s book without the attendance of an officer of the bank, under sections 6 and 7 of the Bankers’ Books Evidence Act 1879. 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.
See Part 3 for the court’s general powers to consider an application and to give directions.]
1980 c. 43; section 97 was amended by sections 13 and 14 of, and paragraph 7 of Schedule 2 to, the Contempt of Court Act 1981 (c. 47), section 31 of, and paragraph 2 of Schedule 4 to, the Criminal Justice (International Co-operation) Act 1990 (c. 5), sections 17 and 65 of, and paragraph 6 of Schedule 3 and Part I of Schedule 4 to, the Criminal Justice Act 1991 (c. 53), section 51 of the Criminal Procedure and Investigations Act 1996 (c. 25) and section 169 of the Serious Organised Crime and Police Act 2005 (c. 15).
1998 c. 37; paragraph 4 of Schedule 3 was amended by paragraphs 15, 20, 68 and 72 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), section 169 of the Serious Organised Crime and Police Act 2005 (c. 15), article 3 of, and paragraphs 35 and 37 of the Schedule to, S.I. 2004/2035 and article 2 of, and paragraph 61 of the Schedule to, S.I. 2005/886.
1965 c. 69; section 2 was substituted, together with sections 2 A to 2E, by section 66 of the Criminal Procedure and Investigations Act 1996 (c. 25) and amended by section 119 of, and paragraph 8 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), section 109 of, and paragraph 126 of Schedule 8 to, the Courts Act 2003 (c. 39), paragraph 42 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), section 169 of the Serious Organised Crime and Police Act 2005 (c. 15) and paragraph 33 of Schedule 17 to the Crime and Courts Act 2013 (c. 22).
1879 c. 11; section 6 has been amended; none is relevant to these rules.