Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 14

Supreme Court may issue witness summons

14. Supreme Court may issue witness summons



(1) This section applies if a coercive powers order is in force in respect of
an organised crime offence.

(2) On application under subsection (3), the Supreme Court may issue the
following witness summonses-

   (a)  a summons to attend an examination before the Chief Examiner to give
        evidence;

   (b)  a summons to attend at a specified time and place to produce specified
        documents or other things to the Chief Examiner;

   (c)  a summons to attend an examination before the Chief Examiner to give
        evidence and produce specified documents or other things.

(3) A member of the police force may apply to the Supreme Court for the issue
of a summons referred to in subsection (2)-

   (a)  at the time of the making of the coercive powers order; or

   (b)  at any later time while the coercive powers order is in force.

(4) An application for a summons-

   (a)  must be in writing; and

   (b)  must state the name and rank of the applicant; and

   (c)  must state the reason why a summons is needed for the person to whom
        it is to be directed; and

   (d)  must indicate the evidentiary or intelligence value of the information
        sought to be obtained from the person to whom the summons is to be
        directed; and

   (e)  if the applicant suspects that the person to whom the summons is to be
        directed has a mental impairment, must state that suspicion; and

   (f)  if the applicant suspects or knows that the person to whom the summons
        is to be directed is under the age of 18 years, must state that
        suspicion or knowledge and the suspected or known age of the person.

(5) The Supreme Court may require the applicant to provide any additional
information that the Court requires in relation to the application.





(6) On application under subsection (3), the Supreme Court may issue a summons
directed to a person, other than a person referred to in subsection (7), if
the Court is satisfied that it is reasonable in the circumstances to do so,
after consideration of-

   (a)  the evidentiary or intelligence value of the information sought to be
        obtained from the person; and

   (b)  the age of the person, and any mental impairment to which the person
        is known to be subject.

(7) The Supreme Court must not issue a summons directed to a person known to
be under the age of 16 years.

(8) A summons must require the person to whom it is directed to attend at a
specified place on a specified date and at a specified time and from day to
day unless excused or released from further attendance-

   (a)  to give evidence before the Chief Examiner; or

   (b)  to produce for examination by the Chief Examiner any documents or
        other things described in the summons that are in the person's
        possession or control; or

   (c)  both to give evidence and produce for examination any documents or
        other things described in the summons that are in the person's
        possession or control.

(9) A summons, other than a summons referred to in subsection (10), must be
served a reasonable time before the date on which the person is required to
attend.



(10) The Supreme Court may issue a summons that requires the immediate
attendance before the Chief Examiner of the person to whom it is directed if
the Court reasonably believes that a delay in the person's attendance is
likely to result in-

   (a)  evidence being lost or destroyed; or

   (b)  the commission of an offence; or

   (c)  the escape of an offender; or

   (d)  serious prejudice to the conduct of the investigation of the organised
        crime offence.

(11) A summons directed to a person must state-

   (a)  the general nature of the matters about which the person is to be
        questioned, unless the Supreme Court considers that this disclosure
        would prejudice the conduct of the investigation of the organised
        crime offence; and

   (b)  that a coercive powers order has been made under this Act by the
        Supreme Court and the date on which the order was made.

(12) A summons-

   (a)  must be in the prescribed form; and

   (b)  must include a statement that if the person summoned is under the age
        of 16 years at the date of issue of the summons the person need not
        comply with the summons but must-

   (i)  if the Supreme Court issued the summons, give notice in writing and
        proof of age to the Supreme Court and the Chief Examiner; or

   (ii) if the Chief Examiner issued the summons, give notice in writing and
        proof of age to the Chief Examiner.

(13) The applicant must cause a copy of a summons to be given to the Chief
Examiner as soon as practicable after the summons is issued.