Major Crime (Investigative Powers) Act 2004

This section applies if a coercive powers order is in force in respect of an organised crime offence.

On application under subsection (3), the Supreme Court may issue the following witness summonses—

a summons to attend an examination before the Chief Examiner to give evidence;

a summons to attend at a specified time and place to produce specified documents or other things to the Chief Examiner;

a summons to attend an examination before the Chief Examiner to give evidence and produce specified documents or other things.

A police officer may apply to the Supreme Court for the issue of a summons referred to in subsection (2)—

at the time of the making of the coercive powers order; or

at any later time while the coercive powers order is in force.

An application for a summons—

must be in writing; and

must state the name and rank of the applicant; and

must state the reason why a summons is needed for the person to whom it is to be directed; and

must indicate the evidentiary or intelligence value of the information sought to be obtained from the person to whom the summons is to be directed; and

if the applicant suspects that the person to whom the summons is to be directed has a mental impairment, must state that suspicion; and

if the applicant suspects or knows that the person to whom the summons is to be directed is under the age of 18 years, must state that suspicion or knowledge and the suspected or known age of the person.

The Supreme Court may require the applicant to provide any additional information that the Court requires in relation to the application.

On application under subsection (3), the Supreme Court may issue a summons directed to a person, other than a person referred to in subsection (7), if the Court is satisfied that it is reasonable in the circumstances to do so, after consideration of—

the evidentiary or intelligence value of the information sought to be obtained from the person; and

the age of the person, and any mental impairment to which the person is known to be subject.

The Supreme Court must not issue a summons directed to a person known to be under the age of 16 years.

A summons must require the person to whom it is directed to attend at a specified place on a specified date and at a specified time and from day to day unless excused or released from further attendance—

to give evidence before the Chief Examiner; or

to produce for examination by the Chief Examiner any documents or other things described in the summons that are in the person's possession or control; or

both to give evidence and produce for examination any documents or other things described in the summons that are in the person's possession or control.

A summons, other than a summons referred to in subsection (10), must be served a reasonable time before the date on which the person is required to attend.

The Supreme Court may issue a summons that requires the immediate attendance before the Chief Examiner of the person to whom it is directed if the Court reasonably believes that a delay in the person's attendance is likely to result in—

evidence being lost or destroyed; or

the commission of an offence; or

the escape of an offender; or

serious prejudice to the conduct of the investigation of the organised crime offence.

A summons directed to a person must state—

the general nature of the matters about which the person is to be questioned, unless the Supreme Court considers that this disclosure would prejudice the conduct of the investigation of the organised crime offence; and

that a coercive powers order has been made under this Act by the Supreme Court and the date on which the order was made.

A summons—

must be in the prescribed form; and

must include a statement that if the person summoned is under the age of 16 years at the date of issue of the summons the person need not comply with the summons but must—

if the Supreme Court issued the summons, give notice in writing and proof of age to the Supreme Court and the Chief Examiner; or

if the Chief Examiner issued the summons, give notice in writing and proof of age to the Chief Examiner.

The applicant must cause a copy of a summons to be given to the Chief Examiner as soon as practicable after the summons is issued.