New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 222

222 Issue of subpoenas

(1) A registrar, if requested to do so by a party to proceedings, is, subject to and in accordance with the rules, to issue to the person named any of the following subpoenas--

(a) a subpoena to give evidence,

(b) a subpoena for production,

(c) a subpoena both to give evidence and for production.

(2) If the prosecutor in proceedings is a public officer or a police officer, the officer may, subject to and in accordance with the rules, issue any such subpoena. The subpoena is to be filed and served in accordance with the rules.

(2A) A police officer may issue a subpoena under subsection (2) on behalf of a public officer.

(3) A subpoena to give evidence and a subpoena for production may be issued to the same person in the same proceedings.

(4) A party may require a subpoena for production to be returnable--

(a) on any day on which the proceedings are listed before a court, or any day not more than 21 days before any such day, or

(b) with the leave of the court or a registrar, on any other day.