We do not regard them as the final word on third party disclosure. Although modest, the changes that are proposed, and which have been drawn up in consultation with the judiciary and with many of those potential third parties directly affected by the changes, are nevertheless in our view sensible, practicable and helpful. I hope that the House will agree. 66 deals with the procedures in the magistrates' courts. It will enable the justices to take account of the timeliness of an application for a witness summons and give them discretion not to issue a summons.
Late applications are a problem for both third parties and the court.
This provision should encourage earlier applications without penalising those who may have good reason for a last minute application. Amendment No. 70 replaces the existing provisions for witness summons in the Crown Court. The amendment allows for new procedures such that in most cases witness summonses will be issued by the court only on an application. The application for a witness summons has to be justified, specific and timely. Provision is made for the third party to apply to be heard before the summons is issued.