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s 78

Power to issue summons to witness

In force
Part 4General procedure
Division 10Witnesses in general

78 Power to issue summons to witness

(1)

If a justice is satisfied that a person is likely to be able to give material evidence as a witness at the hearing of a complaint, the justice may issue a summons to the person.

(2)

The summons must require the person—

(a)

to appear at a time and place specified in the summons; and

(b)

to testify before the justices present about what the person knows concerning the complaint.

(3)

The summons must be served, and a memorandum of service endorsed on the summons, in the same way, and within the same time, as a summons to a defendant.

(4)

However, if a doctor is summonsed to give evidence of a professional nature, the summons may be served on the doctor by leaving a copy of it at a place where the doctor practises with a person apparently employed at the place.

(5)

Proof of service of the summons may be given in the same way as a summons to a defendant.

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