[2C Application to make summons ineffective]

[2C  Application to make summons ineffective]

[(1)     If a witness summons issued under section 2 above is directed to a person who—

(a)     applies to the Crown Court,

(b)     satisfies the court that he was not served with notice of the application to issue the summons and that he was neither present nor represented at the hearing of the application, and

(c)     satisfies the court that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence,

the court may direct that the summons shall be of no effect.

(2)     For the purposes of subsection (1) above

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