Major Crime (Investigative Powers) Act 2004

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

The Chief Examiner may issue the following witness summonses on his or her own motion or on the application of a police officer—

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.

The Chief Examiner may determine the procedure for making an application for the issue of a summons under this section.

The Chief Examiner may issue a summons directed to a person, other than a person referred to in subsection (5), if the Chief Examiner 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 Chief Examiner must not issue a summons directed to a person known to be under the age of 16 years.

On issuing a summons, the Chief Examiner must record in writing—

the grounds on which the summons is issued; and

if the summons is directed to a person suspected to be under the age of 18 years, the reason for suspecting or believing that the person is aged 16 years or above.

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 (9), must be served a reasonable time before the date on which the person is required to attend.

The Chief Examiner may issue a summons that requires the immediate attendance before the Chief Examiner of the person to whom it is directed if the Chief Examiner 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 Chief Examiner considers that this disclosure would prejudice the conduct of the investigation of the organised crime offence; and

that the 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.