Page:Criminal Procedure (Attendance of Witnesses) Act 1965 (UKPGA 1965-69 qp).pdf/3

2 :(b) if a witness order other than a conditional order has previously been made by the court in his case, the court shall direct that that order be treated as a conditional order.

(3) A magistrates’ court on committing any person for trial shall inform him of his right to require the attendance at the trial of any witness in respect of whom a conditional witness order, or an order treated as a conditional witness order, has been made, and of the steps he must take for the purpose of enforcing the attendance.

(4) Section 5 of the Magistrates’ Courts Act 1952 (which requires a magistrates' court acting as examining justices to bind over witnesses to attend and give evidence before the court at which the accused is to be tried and also to bind over the prosecutor to prosecute the accused before that court) shall cease to have effect, but without prejudice any recognisance entered into under that section before the commencement of this Act.

2.—(1) For the purpose of any criminal proceedings before a court of assize or quarter sessions a witness summons, that is to say, a summons requiring the person to whom it is directed to attend before the court and give evidence or produce any document or thing specified in the summons, may be issued out of that court or out of the High Court.

(2) If any person in respect of whom a witness summons has been issued applies to the court out of which the summons was issued or to the High Court, and satisfies the court that he cannot give any material evidence or, as the case may be, produce any document or thing likely to be material evidence, the court may direct that the summons shall be of no effect.

(3) The provisions of Schedule 1 to this Act shall have effect in relation to applications under the last foregoing subsection.

3.—(1) Any person who without just excuse disobeys a witness order or witness summons requiring him to attend before any court shall be guilty of contempt of that court and may be punished summarily by that court as if his contempt had been committed in the face of the court.

(2) No person shall by reason of such disobedience be liable to imprisonment for a period exceeding three months.

(3) In section 4(5) of the Criminal Justice Administration Act 1962 (power of legally qualified chairman of quarter sessions to sit alone where no other member of the court is available) references to dealing or further dealing with the case of a person committed to the court for trial shall include references to dealing or further dealing with a person under this section.