S.L. 220.4 Art. 88Procuring 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 authorised to convene a court-martial or of a staff officer on his behalf, or, after the assembly of the court, of the president.

(3) The summons referred to in sub-rule (2) shall, when it relates to the taking of a summary of evidence be in the appropriate form set out in the First Schedule, and, when it relates to a trial by court-martial, be in the appropriate form set out in the Fourth Schedule, and shall be served on the witness either personally or by leaving it with some person at the witness’s normal place of abode or of business.

(4) The provisions of article 106 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". Record of proceedings