How Are Witnesses Summoned to Criminal Court?

In the criminal justice system of England and Wales, witnesses play a vital role in helping courts establish the facts of a case. When a criminal case proceeds to a hearing or trial in a magistrates' court or the Crown Court, certain individuals may be required to attend court – not all witnesses attend voluntarily. This article explains how witnesses are summoned to criminal court, the legal framework that governs the process, what a witness summons is, how it is issued and served, your rights and obligations, and what can happen if you do not comply.

What Is a Witness Summons?

A witness summons is a formal legal order issued by a court requiring a person to attend court at a specified date and time to:

• Give evidence orally (as a witness of fact), or
• Produce documents or other specific items that the court has asked to be presented as evidence.

A witness summons differs from a simple notification or letter inviting someone to attend. It carries legal force: non‑attendance without good reason can lead to sanctions, including arrest for contempt of court.

Legal Basis: Acts and Rules

The primary statutory authority for witness summonses in criminal proceedings in England and Wales includes:

• Section 97 of the Magistrates' Courts Act 1980, allowing magistrates to issue a summons to attend court to give evidence or produce documents in summary cases.
• Section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965, providing similar powers for the Crown Court to issue witness summonses.
• Part 17 of the Criminal Procedure Rules 2020, which sets out procedural requirements for making and considering applications for witness summonses.

These laws ensure that witnesses whose evidence is likely to be material (important and relevant to the issues in a case) can be compelled to attend if they might not appear of their own accord.

When Is a Witness Summons Used?

Witness summonses are typically sought when:

1. The evidence is important: The court or a party believes the person has information or documents that are likely to be material to the case.
2. The witness may not attend voluntarily: For example, if previous invitations have been ignored.
3. Court power is necessary: Particularly in serious or contested trials where eyewitness accounts, records or clarification of facts are crucial.

In most straightforward cases, the prosecution or defence will contact prospective witnesses and ask them to attend voluntarily without a formal summons.

How Is a Witness Summons Issued?

Making an Application

Before a witness summons is issued, a party to the proceedings (normally the Crown Prosecution Service in criminal prosecutions) must apply to the relevant court. The application must explain:

• Who the proposed witness is;
• What evidence or documents they can provide;
• Why that evidence or those documents are likely to be material; and
• Why it is in the interests of justice to issue a summons.

The court will review the application against statutory tests to decide whether to grant the summons.

Issuing the Summons

Once the court approves a summons, it is formally issued and typically completed on Form N20 – the standard witness summons form used in criminal proceedings.

The summons will clearly state:

• The name of the court and case reference;
• The name and contact details of the witness;
• The date, time and place the witness must attend;
• The specific evidence the witness is required to give or documents to produce;
• A note that failure to comply may lead to penalties, including a warrant for arrest.

Serving a Witness Summons

Once issued, a summons must be served on the person to whom it is directed. Service can be by:

• Personal delivery: Handing the summons directly to the witness; or
• Post or via a professional process server, depending on court direction or arrangements.

Standard practice is that a witness summons should be served at least seven days before the date set for attendance unless the court directs otherwise.

Costs and Expenses

In criminal cases, witnesses may be entitled to:

• Reasonable travel costs to attend court; and
• Compensation for loss of time if the court orders.

In magistrates' court cases, a sum called “conduct money” is often offered at the time of service to cover basic costs to the witness.

What Happens If You Don't Attend?

Compliance with a witness summons is legally required. If a summonsed witness:

• Fails to attend without good reason, or
• Refuses to give evidence or produce documents,

the court may take enforcement action. This could include:

• Issuing a warrant for arrest;
• Charging the witness with contempt of court;
• Imposing fines or imprisonment in extreme cases of persistent non‑compliance.

It is important that recipients of a summons do not ignore it. If you have difficulties attending (for example, financial hardship or inability to travel), you should contact the witness care team or court as soon as possible to explain your circumstances.

Practical Steps for Witnesses

If you receive a witness summons:

1. Read the document carefully to check dates, times and duties.
2. Note the type of evidence required – whether oral testimony, documents or both.
3. Plan your travel arrangements and check entitlement to reimbursements.
4. Contact the court or witness care team early if you cannot attend or have questions.
5. Seek independent legal advice if you are unsure of your obligations or rights.

Remember, a summons is not a suggestion but a court order.

Key Takeaways

A witness summons in England and Wales is a legally enforceable order compelling a person to attend criminal court to give evidence or produce documents vital to a case. It must be issued by a court based on application and service rules set out in law and the Criminal Procedure Rules. Witnesses served with a summons have clear obligations and should respond promptly to avoid enforcement measures.

James William Steven Parker

James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.