Procuring Attendance of Witnesses

(1) A witness who is subject to military law may be ordered by the proper military authority to attend at the taking of a summary of evidence or a trial by court-martial. (2) A witness who is not subject to military law may be summoned to attend– (a) the taking of a summary of evidence by an order under the hand of the commanding officer of the accused; or (b) a trial by court-martial by an order under the hand of an officer authorized to convene a court-martial or of a staff officer on his behalf, or, after the assembly of the court, of the (3) The summons referred to in paragraph (2) of this rule shall, when it relates to the taking of a summary of evidence be in the appropriate form set out in the First Schedule to these Rules, and, when it relates to a trial by court-martial be in the appropriate form set out in the Third Schedule to these Rules, and shall be served on the witness either personally or by leaving it with some person at the witness’s normal place of abode. (4) At the time of service of the summons referred to in paragraph (2) of this rule there shall be paid or tendered any expenses which by regulations made by the Minister are payable to a witness in respect of his journey to, attendance at and return from the taking of the summary of evidence or the trial as the case may be, provided that for the purposes of this paragraph– (i) the tender of a warrant or voucher entitling the witness to travel free of charge shall be deemed to constitute tender of his expenses in 80 respect of any travelling authorized by the warrant or voucher; and (ii) the tender of a written undertaking on behalf of the Minister to defray at the taking of the summary of evidence of the trial, as the case may be, any other expenses payable under such regulations in respect of the witness’s attendance shall be deemed to constitute tender of these expenses. (5) The provisions of section 87 of the Act shall apply in relation to proceedings at the taking of a summary of evidence as they apply in relation to proceedings at a court-martial, and when so applied they shall be construed as though the words “officer taking the summary of evidence” were substituted for the words “president of the court-martial”.