Criminal Procedure (Attendance of Witnesses) Act 1965
| Jurisdiction | UK Non-devolved |
| Citation | 1965 c. 69 |
| Year | 1965 |
Criminal Procedure (Attendance of Witnesses) Act 1965
1965 CHAPTER 69
An Act to make new provision for securing the attendance of witnesses in criminal proceedings before courts of assize and quarter sessions; to abolish the binding over of prosecutors for the purpose of such proceedings; to restrict the issue of subpoenas for securing the attendance of witnesses before magistrates’ courts; and for connected purposes.
[5th August 1965]
F1
Amendments (Textual)
F1
Act amended (E.W.) by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 5(8)
Commencement Information
I1
Act wholly in force at 5.10.1965 see s. 10(4)
Modifications etc. (not altering text)
C1
Act modified (prosp.) by War Crimes Act 1991 (c. 13, SIF 39:4), s. 1(4), Sch. Part I para.4
C2
Act amended (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 53(5), Sch. 6 para. 3; S.I. 1992/333, art. 2(2), Sch. 2
C3
By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
Amendments (Textual)
F2
S. 1 repealed (4.7.1996) by 1996 c. 25, s. 65(1)(4), 80, Sch. 5 para. 2 (with s 78(1)); S.I. 1997/683, art. 1
(1)
This section applies where the Crown Court is satisfied that—
(a)
a person is likely to be able to give evidence likely to be material evidence, or produce any document or thing likely to be material evidence, for the purpose of any criminal proceedings before the Crown Court, and
(b)
F4
it is in the interests of justice to issue a summons under this section to secure the attendance of that person to give evidence or to produce the document or thing.
(2)
In such a case the Crown Court shall, subject to the following provisions of this section, issue a summons (a witness summons) directed to the person concerned and requiring him to—
(a)
attend before the Crown Court at the time and place stated in the summons, and
(b)
give the evidence or produce the document or thing.
(3)
A witness summons may only be issued under this section on an application; and the Crown Court may refuse to issue the summons if any requirement relating to the application is not fulfilled.
(4)
F5
Where a person has been sent for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after service on that person, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998, of the documents relevant to that offence.
(5)
F6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
Where the proceedings concerned relate to an offence in relation to which a bill of indictment has been preferred under the authority of section 2(2)(b) of the
M1
Administration of Justice (Miscellaneous Provisions) Act 1933 (bill preferred by direction of Court of Appeal, or by direction or with consent of judge) an application must be made as soon as is reasonably practicable after the bill was preferred.
(6A)
F7
Where the proceedings concerned relate to an offence that is the subject of a deferred prosecution agreement within the meaning of Schedule 17 to the Crime and Courts Act 2013, an application must be made as soon as is reasonably practicable after the suspension of the proceedings is lifted under paragraph 2(3) of that Schedule.
(7)
An application must be made in accordance with
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Criminal Procedure Rules
; and different provision may be made for different cases or descriptions of case.
(8)
F8
Criminal Procedure Rules
—
(a)
may, in such cases as the rules may specify, require an application to be made by a party to the case;
(b)
may, in such cases as the rules may specify, require the service of notice of an application on the person to whom the witness summons is proposed to be directed;
(c)
may, in such cases as the rules may specify, require an application to be supported by an affidavit containing such matters as the rules may stipulate;
(d)
may, in such cases as the rules may specify, make provision for enabling the person to whom the witness summons is proposed to be directed to be present or represented at the hearing of the application for the witness summons
F9
(if the application is determined at a hearing)
.
(9)
Provision contained in
F10
Criminal Procedure Rules
by virtue of subsection (8)(c) above may in particular require an affidavit to—
(a)
set out any charge on which the proceedings concerned are based;
(b)
specify any stipulated evidence, document or thing in such a way as to enable the directed person to identify it;
(c)
specify grounds for believing that the directed person is likely to be able to give any stipulated evidence or produce any stipulated document or thing;
(d)
specify grounds for believing that any stipulated evidence is likely to be material evidence;
(e)
specify grounds for believing that any stipulated document or thing is likely to be material evidence.
(10)
In subsection (9) above—
(a)
references to any stipulated evidence, document or thing are to any evidence, document or thing whose giving or production is proposed to be required by the witness summons;
(b)
references to the directed person are to the person to whom the witness summons is proposed to be directed.
Amendments (Textual)
F4
S. 2(1)(b) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 169(1), 178(8); S.I. 2005/1521, art. 3(1)(bb)
F5
S. 2(4) substituted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 42(a); S.I. 2005/1267, art. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(1)(c)(2)(3), Sch (with arts. 3, 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
F6
S. 2(5) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 42(b)Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(1)(c)(2)(3), Sch (with arts. 3, 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
F7
S. 2(6A) inserted (24.2.2014) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 17 para. 33 (with Sch. 17 para. 39); S.I. 2014/258, art. 2(b)
F8
Words in s. 2(7)(8) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 126(a); S.I. 2004/2066, art. 2(c)(vi) (with art. 3)
F9
Words in s. 2(8)(d) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 15(1), 51(3)
F10
Words in s. 2(9) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 126(a); S.I. 2004/2066, art. 2(c)(vi) (with art. 3)
F3
Ss. 2-2E and relevant cross-headings substituted for s. 2 (4.7.1996, with effect at 1.4.1999, (E.W.) and 21.8.2000 (N.I.)) by 1996 c. 25, s. 66(2)(7) (with s. 78(1)); S.I. 1999/718, art. 2; S.I. 2000/1968, art. 2
Marginal Citations
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1933 c. 36.
A witness summons which is issued under section 2 above and which requires a person to produce a document or thing as mentioned in section 2(2) above may also require him to produce the document or thing—
(a)
at a place stated in the summons, and
(b)
at a time which is so stated and precedes that stated under section 2(2) above,
for inspection by the person applying for the summons.
Amendments (Textual)
F11
Ss. 2-2E, the cross heading before s. 2, the cross heading before s. 2D and the cross heading following s. 2E substituted for s. 2 (4.7.1996 with effect at 1.4.1999 (E.W.) and 21.8.2000 (N.I.)) by 1996 c. 25, s. 66(2)(7) (with s. 78(1))...
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