Crown Court (Miscellaneous Amendments) Rules 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/598 |
1999 No. 598 (L. 2)
SUPREME COURT OF ENGLAND AND WALES
The Crown Court (Miscellaneous Amendments) Rules 1999
Made 5th March 1999
Laid before Parliament 8th March 1999
Coming into force 1st April 1999
We, the Crown Court Rule Committee, in exercise of the powers conferred upon us by sections 84(1) and 86 of the Supreme Court Act 19811, sections 2, 2B, 2C and 2E of the Criminal Procedure (Attendance of Witnesses) Act 19652and section 19 of the Criminal Procedure and Investigations Act 19963, hereby make the following Rules:
1. These Rules may be cited as the Crown Court (Miscellaneous Amendments) Rules 1999 and, subject to rule 2(1) below, shall come into force on 1st April 1999.
Crown Court Rules 1982
2.—(1) This Rule applies in relation to any proceedings for the purpose of which no witness summons has been issued under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 before 1st April 1999.
(2) For rule 23 of the Crown Court Rules 19824there shall be substituted the following rules:
“Application for witness summons
23.—(1) This rule applies to an application under section 2 of the 1965 Act for the issue of a witness summons and in this rule references to “the application” and “the applicant” shall be construed accordingly.
(2) Subject to paragraphs (8) to (10), the application shall be made in writing to the appropriate officer of the Crown Court and shall–
(a)
(a) contain a brief description of the stipulated evidence, document or thing;
(b)
(b) set out the reasons why the applicant considers that the stipulated evidence, document or thing is likely to be material evidence;
(c)
(c) set out the reason why the applicant considers that the directed person will not voluntarily attend as a witness or produce the document or thing; and
(d)
(d) if the witness summons is proposed to require the directed person to produce a document or thing–
(i) inform the directed person of his right to make representations in writing and at a hearing, under paragraph (5); and
(ii) state whether the applicant seeks a requirement also to be imposed under section 2A of the 1965 Act (advance production) and, if such a requirement is sought, specify the place and time at which the applicant wishes the document or thing to be produced.
(3) The application shall be supported by an affidavit–
(a)
(a) setting out any charge on which the proceedings concerned are based;
(b)
(b) specifying the stipulated evidence, document or thing in such a way as to enable the directed person to identify it;
(c)
(c) specifying grounds for believing that the directed person is likely to be able to give the stipulated evidence or to produce the stipulated evidence or thing;
(d)
(d) specifying grounds for believing that the stipulated evidence is likely to be material evidence or, as the case may be, that the stipulated document or thing is likely to be material evidence.
(4) A copy of the application and the supporting affidavit shall be served on the directed person at the same time as it is served on the appropriate officer of the Crown Court.
(5) The directed person may, within 7 days of receiving a copy of the application under paragraph (4), inform the appropriate officer of the Crown Court whether or not he wishes to make representations, concerning the issue of the witness summons proposed to be directed to him, at a hearing and may also make written representations to that officer.
(6) The appropriate officer of the Crown Court shall–
(a)
(a) if the directed person indicates that he wishes to have the application considered at a hearing, fix a time, date and place for the hearing;
(b)
(b) if the directed person does not indicate in accordance with paragraph (5) that he wishes to make representations at a hearing, refer the application to a judge of the Crown Court for determination with or without a hearing; and
(c)
(c) notify the applicant and, where sub-paragraph (a) applies, the directed person of the time, date and place fixed for any hearing of the application.
(7) Any hearing under this rule shall, unless the judge directs otherwise, take place in private and the proceedings at the hearing shall be recorded.
(8) In the case of an application for a witness summons which it is proposed shall require the directed person to give evidence but not to produce any document or thing, that application may be made orally to a judge or in writing and, in such a case–
(a)
(a) paragraphs (3) to (7) shall not have effect; and
(b)
(b) the application shall, in addition to the matters set out in sub-paragraphs (a) to (c) of paragraph (2), specify–
(i) any charge on which the proceedings concerned are based; and
(ii) the grounds for believing that the directed person is likely to be able to give the stipulated evidence.
(9) Subject to paragraph (10), in the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made within 7 days of the date fixed for trial, the appropriate officer shall refer the notice of application to the trial judge, or such other judge as may be available, to determine the application or to give such directions as the judge to whom the notice is referred considers appropriate, and paragraphs (2)(d)(i) and (4) to (6) shall not have effect.
(10) In the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made during the trial, such application shall be made orally to the trial judge, to determine...
To continue reading
Request your trial