14Supreme Court may issue witness summons

14 Supreme Court may issue witness summons

(2) On application under subsection (3), the Supreme Court may issue the following witness summonses—

(a) a summons to attend an examination before the Chief Examiner to give evidence;

(b) a summons to attend at a specified time and place to produce specified documents or other things to the Chief Examiner;

(c) a summons to attend an examination before the Chief Examiner to give evidence and produce specified documents or other things.

S. 14(3) amended by No. 37/2014 s. 10(Sch. item 103.5).

(3) A police officer may apply to the Supreme Court for the issue of a summons referred to in subsection (2)—

(a) at the time of the making of the coercive powers order; or

(b) at any later time while the coercive powers order is in force.

(4) An application for a summons—

(a) must be in writing; and

(b) must state the name and rank of the applicant; and

(c) must state the reason why a summons is needed for the person to whom it is to be directed; and

(d) must indicate the evidentiary or intelligence value of the information sought to be obtained from the person to whom the summons is to be directed; and

(e) if the applicant suspects that the person to whom the summons is to be directed has a mental impairment, must state that suspicion; and

(f) if the applicant suspects or knows that the person to whom the summons is to be directed is under the age of 18 years, must state that suspicion or knowledge and the suspected or known age of the person.

(5) The Supreme Court may require the applicant to provide any additional information that the Court requires in relation to the application.

(6) On application under subsection (3), the Supreme Court may issue a summons directed to a person, other than a person referred to in subsection (7), if the Court is satisfied that it is reasonable in the circumstances to do so, after consideration of—

(a) the evidentiary or intelligence value of the information sought to be obtained from the person; and

(b) the age of the person, and any mental impairment to which the person is known to be subject.

(7) The Supreme Court must not issue a summons directed to a person known to be under the age of 16 years.

(8) 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—

(a) to give evidence before the Chief Examiner; or

(b) 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