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.
The court will also be able to order advance disclosure of documents in a witness summons after which the witness may be stood down if his or her evidence is not required. There are circumstances in which the Crown Court will need to act of its own motion. In such cases the Secretary of State nominates a court to take evidence under Section 4 of the 1990 Act. The court issues a witness summons, as necessary, of its own motion. It allows the Crown Court to issue a warrant to arrest the witness if he or she fails to comply with the summons.