Page:Criminal Procedure (Attendance of Witnesses) Act 1965 (UKPGA 1965-69 qp).pdf/5

4 (2) If the judge or court issuing a warrant in respect of any witness under section 4 of this Act is of opinion that it is appropriate to do so, the judge or court may endorse the warrant for bail, and in any such case—
 * (a) on the arrest of the witness under the warrant he shall, unless he can forthwith be brought before the court specified in the warrant, be taken to a police station; and
 * (b) the officer in charge of the station shall release him from custody if he, and any sureties required by the endorsement and approved by the officer, enter into recognisances of such amount as may be fixed by the endorsement, conditioned for the appearance of the witness before the court specified in the warrant; and
 * (c) subsection (1) above shall not apply except where the witness is unable to secure his release in accordance with this subsection.

(3) If a court issuing a warrant in respect of any witness under section 4(2) of this Act is of opinion that the evidence of the witness can be dispensed with but that consideration should be given to dealing with him under section 3 of this Act, it may endorse the warrant as issued for the purposes of the said section 3, and in any such case—
 * (a) the magistrates’ court shall not commit a witness to custody under subsection (1) above unless satisfied that the court specified in the warrant will be held within seven days after the date of the committal; and
 * (b) if not so satisfied the magistrates’ court may, instead of releasing him on bail, commit him to custody to be brought before a judge of the High Court or a commissioner of assize, and that judge or commissioner shall in respect of the witness have all the powers of the court under section 3 of this Act.

(4) Where a witness appears before a court in pursuance of a recognisance entered into under section 4(3) of this Act or this section, the court may enlarge his recognisance and those of his sureties, if any, to any later time appointed by the court for receiving the evidence of that person or dealing with him under section 3 of this Act.

(5) Without prejudice to the enforcement of any recognisance entered into as aforesaid, section 4 of this Act shall apply to any witness who fails to attend before a court in compliance with such a recognisance as it applies to a witness who fails to attend in obedience to a witness order or witness summons, and the foregoing provisions of this section shall have effect accordingly.