The same general principles apply in the magistrates' court as in the Crown Court.DPP QB 351 (Stone's Justices' Manual 1-642). The principles for the calling of prosecution witnesses are set out in R v Haringey Justices, ex p. This power should be exercised rarely (Archbold, 4-345). The judge has the power to call a witness who has not been called by either the prosecution or the defence, and without the consent of either, if it is necessary in the interests of justice. The Crown Court retains a power to issue a witness summons of its own motion should it need to do so (Archbold, 8-3c). Where witness statements have been served on the defence as unused material, the prosecution are not under any duty to call the makers of those statements as witnesses ( R v Richardson, 98 Cr.App.R. The fact that a witness gives an account at variance with a larger number of other witnesses and one which is less favourable to the prosecution case does not necessarily affect the witness's credibility. The prosecutor is the primary judge of whether a witness is unworthy of belief.It is for the prosecution to decide which witnesses give direct evidence of the primary facts of the case and which are marginal.The prosecution ought normally to call or offer to call the witnesses who give direct evidence of the primary facts of the case unless there is good reason to regard the witness's evidence as unworthy of belief.This discretion is fettered the prosecutor has a duty to act in the interests of justice so as to promote a fair trial.The prosecution have a discretion whether to call and examine a witness or to call and tender them for cross examination.The prosecution must have at court those witnesses whose statements have been served on the defence and upon whom the prosecution intend to rely on evidence if the defence want those witnesses to attend.The principles for the calling of prosecution witnesses are set out in R v Russell-Jones Cr App Rep 538 (Archbold 4-275) and are set out below: The principles governing which witnesses the prosecution should call at trial are different for the Crown Court and the magistrates' court depending upon the type of case. The prosecution has discretion about the selection of prosecution witnesses. The CPS is committed to the proper care and treatment of witnesses.
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