CLP Witness Summons

Question 1

Who can ask the court for a witness summons?

Answer 1

The prosecution or defence can ask court to issue a witness summons

Question 2

Why apply for a witness summons?

Answer 2

Some witnesses do not want to be witnesses and try to avoid attending court. In these cases, the prosecution or defence can ask the court to issue a witness summons

• Summons for the person to attend on the day of the trial to give live evidence
• Summons for the witness to produce a document

Question 3

What happens if a witness disobeys a summons and does not attend court without a just excuse?

Answer 3

The court can issue a warrant for arrest. It can be punishable as contempt of court

Question 4

Structure for the application

Answer 4

1. Must be PROMPT
2. Must identify the proposed witness
3. Must explain:
   - what evidence they can give or produce
   - why it is likely to be material evidence (evidence of the offence) –> test for the court is whether the evidence is material
   - why it is in the IoJ to issue a summons