In the UK legal system, subpoenas play an important role in ensuring that justice is served. A subpoena is a court order that compels an individual to attend court, provide evidence, or produce specific documents relevant to a legal case. Understanding subpoenas is essential for individuals and businesses alike, as failing to comply can result in legal penalties, including fines or imprisonment.
Subpoenas are a major tool for uncovering evidence and ensuring witnesses testify in court. Without a clear understanding of subpoenas, individuals and businesses may struggle with the legal process, which can lead to serious consequences. In light of this, this article will provide a detailed overview of subpoenas in UK law, covering the following key areas:
The definition and purpose of subpoenas
The differences between subpoenas and witness summonses
The various types of subpoenas, including subpoena ad testificandum and subpoena duces tecum
How subpoenas are issued, how to respond to subpoenas, potential consequences of non-compliance, and how to set aside a subpoena.
What is a Subpoena?
A subpoena is a formal written order issued by a court, compelling an individual to attend court and give evidence or produce specific documents or items. This legal document is a crucial tool for gathering information and evidence in both civil and criminal cases. When served with a subpoena, an individual is legally required to comply, and failure to do so can result in serious consequences, including penalties, fines, or even arrest.
A subpoena can be issued to anyone with relevant information or evidence related to a case, including witnesses, experts, or parties involved in the dispute. The subpoena will specify the date, time, and location of the court hearing, as well as the nature of the evidence or testimony required. In some cases, a subpoena may also require producing documents, records, or other physical evidence.
Historical Context and Evolution of Subpoena
The term "subpoena" originates from the Latin words "sub" (under) and "poena" (penalty). In ancient Rome, a subpoena was a writ issued under penalty, compelling individuals to appear in court. The concept was later adopted in medieval England, where the subpoena evolved as a writ issued by the monarch's courts, requiring witnesses to attend court. The term "subpoena" was first used in the 15th century, during the reign of King Henry VI.
Over time, the subpoena UK has adapted to changing legal systems and procedures. Still, its core purpose remains unchanged: to ensure witnesses and evidence are presented in court to facilitate justice. In the 13th century, subpoenas were used in English common law courts to compel witnesses to testify. By the 15th century, the term "subpoena" was widely used, and by the 17th century, subpoenas had become more formalised and widespread.
In the 19th century, the power to issue subpoenas was extended to civil cases, allowing courts to compel witnesses and evidence in disputes between individuals and organisations. In the 20th century, subpoena procedures were modernised and standardised, with clear guidelines for issuance, service, and enforcement.
What Is The Difference Between A Subpoena And A Witness Summons?
The primary difference between subpoenas and witness summons is that witness summons are used in criminal proceedings, while subpoenas are used in civil proceedings. However, there are other key differences that distinguish these two legal instruments:
Historical Context and Terminology
Historically, the term "subpoena" was used in both criminal and civil proceedings. However, following these reforms, the preferred term in criminal proceedings became "witness summons". This change aimed to clarify the language used in criminal cases and ensure consistency in court procedures. On the other hand, the term "subpoena" continues to be used in civil proceedings, such as lawsuits and tribunals.
Purpose and Issuance
Both witness summons and subpoenas serve the same purpose, which is to require an individual to attend court and give evidence or produce specific documents. However, how these documents are issued differs. UK court summons are issued by the criminal court, whereas subpoenas are issued by the civil court.
Consequences of Non-Compliance
Failure to comply with a witness summons can lead to more severe consequences than failing to comply with a subpoena. This is because non-compliance with a witness summons is often considered contempt of court, a serious offence that can result in significant penalties, including arrest, imprisonment, or substantial fines. In contrast, failure to comply with a subpoena typically results in lesser penalties, such as fines or additional court action, though it can still have serious legal implications.
Usage in Criminal and Civil Proceedings
A witness summons is exclusively used in criminal proceedings, whereas a subpoena is used in civil proceedings. In criminal cases, Witness summonses are used to ensure that witnesses provide essential testimony in criminal trials, where the stakes are high, and the outcome may significantly impact individuals' lives.
Subpoenas are commonly used in civil cases, such as disputes over contracts, property, or personal injury claims. In these contexts, subpoenas serve to gather evidence and witness testimony to resolve legal disputes between parties.
Legal Reforms in The UK That Led to The Preferred Use of ‘Witness Summons’
The UK has undergone significant legal reforms, leading to the preferred use of "witness summons" in criminal proceedings. The term "subpoena" is now largely reserved for civil proceedings, while "witness summons" is the standard term in criminal cases.
Police and Criminal Evidence Act 1984 (PACE)
The Police and Criminal Evidence Act 1984 (PACE) marked a significant milestone in the UK's legal reforms. PACE introduced the "witness summons" concept in criminal proceedings, replacing the term "subpoena". This change aimed to clarify the language used in criminal cases and ensure consistency in court procedures.
Criminal Procedure and Investigations Act 1996 (CPIA)
The Criminal Procedure and Investigations Act 1996 (CPIA) further solidified the use of "witness summons" in criminal proceedings. CPIA emphasised the importance of witness statements and testimony in criminal trials, making the witness summons a crucial tool for securing evidence.
Criminal Justice Act 2003 (CJA)
The Criminal Justice Act 2003 (CJA) built upon previous reforms, streamlining procedures for issuing witness summonses. CJA introduced new provisions for electronic witness summonses, making it easier to serve witnesses and reducing administrative burdens.
Types of Subpoenas
There are two main types of subpoenas, each serving a distinct purpose in the legal process:
Subpoena ad Testificandum
This is a court order that requires a person to attend court and give oral testimony as a witness. Its purpose is to compel a witness to appear in court and provide evidence. It is typically issued by the court clerk or a judge and served to the witness. The witness must appear in court on the specified date and time.
Subpoena Duces Tecum
A subpoena duces tecum is a legal order that requires an individual or organisation to produce specific documents, records, or other tangible evidence for use in a legal proceeding. Unlike the subpoena ad testificandum, which focuses on testimony, this subpoena is concerned with the production of evidence. The legal implications of Subpoena Duces Tecum are as follows:
Contempt of Court: Failure to comply with a Subpoena Duces Tecum can result in contempt of court charges, punishable by fines, imprisonment, or both.
Evidence Suppression: If a party fails to produce requested documents, the court may infer that the evidence is unfavourable to that party, potentially harming their case.
Costs and Sanctions: Non-compliance can lead to costs and sanctions awarded against the defaulting party.
Adverse Inferences: The court may draw adverse inferences from a party's failure to produce documents, potentially damaging their credibility.
Case Dismissal: In extreme cases, repeated non-compliance can result in case dismissal or default judgment.
A subpoena duces tecum is frequently used in cases where specific documents or records are vital to establishing facts, such as:
Financial Records: This subpoena may be used to obtain bank statements, tax returns, or other financial documents in cases involving disputes over contracts, fraud, or financial misconduct.
Medical Records: In personal injury cases or disputes involving medical malpractice, a subpoena duces tecum might be issued to obtain medical records that are pertinent to the case.
Corporate Documents: In litigation involving businesses, this type of subpoena may compel the production of internal communications, contracts, or other documents relevant to the dispute.
How Subpoenas Are Issued
The Process of Obtaining a Subpoena
In the UK, the process of obtaining a subpoena, known as a witness summons in many cases, involves several steps:
Application: A party applies for a subpoena through a written request to the court.
Court Review: The court reviews the application to ensure it meets the requirements.
Issuance: If approved, the court issues the subpoena, typically signed by the court clerk or judge.
Service: The subpoena is served on the witness or party required to produce evidence.
The Role of the Court in Issuing Subpoenas
The court plays a crucial role in the issuance of subpoenas.
Authority: The court has the authority to issue subpoenas to compel testimony or evidence production.
Review: The court reviews applications to ensure subpoenas are necessary and relevant to the case.
Oversight: The court oversees the subpoena process to prevent abuse or harassment.
Requirements for a Valid Subpoena
For a subpoena to be valid, it must meet certain legal requirements. These generally include:
Signature: The subpoena must be signed by the court clerk or judge.
Court Seal: The subpoena must bear the court's official seal.
Clear Language: The subpoena must clearly state the purpose, date, time, and location of the testimony or evidence production.
Specificity: The subpoena must specifically identify the evidence or testimony required.
Notice: The subpoena must provide reasonable notice to the witness or party.
How To Respond to a Subpoena
When you receive a subpoena, the following are the things you are legally obliged to do:
Acknowledge Receipt: Verify receipt of the subpoena in writing.
Review and Understand: Carefully review the subpoena to ensure you understand what is required.
Seek Legal Advice: Consult an attorney to ensure compliance and explore options.
Respond Promptly: Respond to the subpoena timely, either by producing documents, testifying, or objecting.
Failing to comply with a subpoena can lead to significant legal penalties. These consequences can include:
Contempt of Court: Failure to comply may result in contempt charges, fines, or imprisonment.
Adverse Inferences: Non-compliance can lead to adverse inferences, harming your case.
Costs and Sanctions: You may be liable for costs and sanctions.
How to Object to a Subpoena and the Grounds for Objection
To object to a subpoena, you must file a motion to quash or modify it with the issuing court. This motion must be supported by evidence and legal arguments that demonstrate the grounds for objection. The objection should clearly state the reasons why the subpoena should be quashed or modified and provide relevant case law or statutory authority to support the position.
There are several valid grounds for objecting to a subpoena. One common ground is that the requested information is irrelevant to the case, and therefore, the subpoena is overly broad or burdensome. Another ground is that the information requested is protected by privilege, such as attorney-client privilege or doctor-patient privilege.
Additionally, if compliance with the subpoena would cause an undue burden or expense, this can also be a valid ground for objection. Other grounds for objection include lack of notice, invalid service, and the subpoena not being properly issued.
Legal Implications of a Subpoena
When served with a subpoena, it is important to seek legal advice to understand one's obligations and options. An attorney can evaluate potential grounds for objection and craft an appropriate response, minimising risks. Legal advice ensures that an individual's rights are protected and that they comply with the subpoena in a manner that does not compromise their interests.
Failure to comply with a subpoena can result in severe penalties, including fines ranging from minimal to substantial amounts. In extreme cases, non-compliance can lead to imprisonment. Additionally, contempt charges can result in further penalties, and an individual may be liable for costs and sanctions. Non-compliance can also harm one's case, potentially leading to unfavourable outcomes. Therefore, taking a subpoena seriously and seeking legal advice to ensure compliance and protect one's rights is essential.
Setting Aside a Subpoena
To set aside a subpoena, one must challenge it in court, providing valid grounds for doing so. The process involves filing an application to quash or modify the subpoena, supported by evidence and legal arguments.
Grounds for Challenging a Subpoena
Valid grounds for challenging a subpoena include:
Relevance: The requested information is not relevant to the case.
Privilege: The information is protected by privilege (e.g., attorney-client).
Undue Burden: Compliance would cause an undue burden or expense.
Overly Broad: The subpoena is overly broad or vague.
Lack of Notice: Insufficient notice was provided.
Invalid Service: The subpoena was not properly served.
Process for Applying to Set Aside a Subpoena
File an application to overturn or modify the subpoena with the issuing court.
Provide evidence and legal arguments supporting the challenge.
Serve the application on the party who issued the subpoena.
Attend a court hearing to present the case.
Legal Support and Advice for Challenging Subpoenas
Those challenging subpoenas can seek legal support and advice from attorneys specialising in litigation and dispute resolution. Additionally, legal aid organisations may be available to assist eligible individuals. Law libraries and online resources can also provide valuable information for those choosing to self-represent. Furthermore, court staff and registrars can offer procedural guidance to help navigate the process. It is essential to seek legal advice to ensure a strong challenge and effective representation in court.
Conclusion
A subpoena is a court order that requires you to provide evidence or testify in a legal case. If you don't comply, you can face serious consequences. However, you can object to a subpoena if it's unreasonable, too broad, or violates your rights. To object, you must understand the grounds for objection, such as relevance, privilege, and undue burden. You must also follow the right procedure for objecting, including filing a motion to quash or modify the subpoena.
Lawhive can help individuals and organisations by providing expert legal advice and guidance on navigating the subpoena process. Our team of experienced solicitors can help evaluate grounds for objection, draft and file motions to overturn or modify subpoenas, and provide representation in court. Contact us today to schedule a consultation.