Section sec.78 - Justices Act 1886 - Power to issue summons to witness

sec.78Power to issue summons to witness

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### sec.78 Power to issue summons to witness If a justice is satisfied that a person is likely to be able to give material evidence as a witness at the hearing of a complaint, the justice may issue a summons to the person. The summons must require the person— to appear at a time and place specified in the summons; and to testify before the justices present about what the person knows concerning the complaint. The summons must be served, and a memorandum of service endorsed on the summons, in the same way, and within the same time, as a summons to a defendant. However, if a doctor is summonsed to give evidence of a professional nature, the summons may be served on the doctor by leaving a copy of it at a place where the doctor practises with a person apparently employed at the place. Proof of service of the summons may be given in the same way as a summons to a defendant. s 78 sub 1992 No. 40 s 42 amd 1994 No. 87 s 3 sch 1 ; 2008 No. 59 s 63 (sec.78-ssec.1) If a justice is satisfied that a person is likely to be able to give material evidence as a witness at the hearing of a complaint, the justice may issue a summons to the person. (sec.78-ssec.2) The summons must require the person— to appear at a time and place specified in the summons; and to testify before the justices present about what the person knows concerning the complaint. (sec.78-ssec.3) The summons must be served, and a memorandum of service endorsed on the summons, in the same way, and within the same time, as a summons to a defendant. (sec.78-ssec.4) However, if a doctor is summonsed to give evidence of a professional nature, the summons may be served on the doctor by leaving a copy of it at a place where the doctor practises with a person apparently employed at the place. (sec.78-ssec.5) Proof of service of the summons may be given in the same way as a summons to a defendant. - (a) to appear at a time and place specified in the summons; and - (b) to testify before the justices present about what the person knows concerning the complaint.