After rule 68A of the Principal Rules , the following rule is inserted in Part 11:

68B.     Evidence of receipt of notice to attend by police witness

If in a proceeding under the Act an issue arises as to whether a police officer has received notice, other than by way of a summons under section 41 of the Act, requiring him or her to attend as a witness in that proceeding, the justices may inquire into and inform themselves on that issue in such manner as they think fit, subject to the rules of natural justice.

These rules of court were made by the Magistrates Rule Committee at a meeting held on 13 December 2007.

A. G. SHOTT

Chief Magistrate

M. R. HILL

Deputy Chief Magistrate

D. J. JONES

Member

S. F. MOLLARD

Member

P. F. DIXON

Member

M. RAPLEY

Member

C. P. WEBSTER

Member

G. A. HAY

Member

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 26 December 2007

These rules are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the rule)

These rules of court amend the Justices Rules 2003 by allowing justices to inquire into and inform themselves as to whether a police officer has received notice requiring him or her to attend as a witness in a proceeding.