Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 163

163 .         Witness summons to produce material, procedure on

        (1)         A person may obey a witness summons to produce a record or thing by producing the record or thing and delivering it into the custody of the court at the place specified in the summons —

            (a)         at least 2 days before the attendance date in the summons; or

            (b)         on that attendance date.

        (2)         If a person obeys a witness summons to produce a record or thing in accordance with subsection (1), the person is released from the summons.

        (3)         If a record or thing is produced to a court under a witness summons before the trial of the case concerned, the court must notify the parties and may, before the trial —

            (a)         give leave for any party or other person to inspect the record or thing or to take a copy of the record; or

            (b)         order the record or thing to be returned to the person who produced it on any just conditions; or

            (c)         make any other orders it thinks fit in relation to the record or thing.

        (4)         If a record or thing is in the custody of the court when the trial of the case concerned commences, it must be produced at the trial by a court officer and in the absence of the jury, if any.

        (5)         A witness who has been served with a witness summons to produce a record or thing must not, in the presence of a jury, be called on to answer the summons or to produce the record or thing unless the witness is in the course of giving oral evidence before the jury.