MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 120



120.(1) Where a justice of the peace is satisfied that any person is able to
give material evidence or produce any document or thing before a magistrates'
court, he may issue a summons directed to such person requiring him to attend
before the court at the time and place appointed in the summons to give
evidence or to produce the document or thing.

(2) Where a justice of the peace is satisfied by evidence on oath that it is
probable that a person will not attend to give evidence at a preliminary
investigation, the complaint being in writing and on oath, he may, instead of
issuing a summons to such person under subsection (1), issue a warrant for his
arrest.

(3) Upon failure of any person to attend before a magistrates' court in answer
to a summons under subsection (1), if

(a)the court is satisfied by evidence on oath that he is likely to be able to
give material evidence or produce any document or thing likely to be material
evidence in the proceedings; and

(b)it is proved on oath or by affidavit or in such other manner as may be
prescribed that such summons was duly served upon such person or that he is
evading service and that he is able to give material evidence; and

(c)no just excuse has been shown for such failure to attend;

(4) Where a person is arrested upon a warrant issued under this section he
shall be brought, as soon as practicable, before a magistrates' court which
may, if desirable, discharge such person upon his entering a recognizance to
appear before that or any other magistrates' court at the time and place
specified in the recognizance and, if necessary, to appear at every time and
place to which during the proceedings the hearing may from time to time be
adjourned.

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 120