Page:Criminal Procedure (Attendance of Witnesses) Act 1965 (UKPGA 1965-69 qp).pdf/6

Special provision for transferred trials.
1925 c. 86. 6.—(1) If, under section 14(2) of the Criminal Justice Act 1925, a court of assize or quarter sessions directs that a person committed for trial be tried or retried before another such court, the following powers of the court under this Act, that is to say—

(a) the powers conferred by subsection (2) of section 4 in the case of a witness who has failed to attend the court; and

(b) the powers conferred by subsection (3) of that section or subsection (4) of section 5 in the case of a witness who is brought or attends or appears before the court pursuant to a warrant, notice or recognisance,

may be exercised by the first-mentioned court for the purpose of securing the attendance or further attendance of the witness before that other court; and references to the court in those provisions shall be construed accordingly.

(2) The provision made under subsection (3) of section 14 of the said Act of 1925 and under subsection (5) of section 11 of the 1938 c. 63.Administration of Justice (Miscellaneous Provisions) Act 1938 for the alteration of proceedings and documents where a case is transferred under those sections shall extend to all process issued under this Act, and subsection (1) of this section shall be without prejudice to the provision made under the said section 14(3).

Witness orders by coroners.
1926 c. 59. 7.—(1) The provisions of this Act relating to witness orders shall be included among the provisions which may be applied by rules under section 25(2) of the Coroners (Amendment) Act 1926 to proceedings in the case of persons charged by a coroner’s inquisition.

(2) So much of section 5(1) of the 1887 c. 71.Coroners Act 1887 as relates to the binding over of witnesses and prosecutors shall cease to have effect, but without prejudice to any recognisance entered into under that section before the commencement of this Act.

Abolition of subpoenas in certain proceedings. 8. No subpoena ad testificandum or subpoena duces tecum shall issue after the commencement of this Act in respect of any proceedings for the purpose of which a witness summons may be issued under section 2 of this Act or in respect of any proceedings for the purpose of which a summons may be issued under section 77 of the 1952 c. 55.Magistrates’ Courts Act 1952 (process for attendance of witnesses in magistrates’ courts).

Powers of Parliament of Northern Ireland.
1920 c. 67. 9. Notwithstanding anything in the Government of Ireland Act 1920 the Parliament of Northern Ireland shall have power to make laws for purposes similar to the purposes of this Act.