Criminal Procedure Act 1967

F20 [ Witness order.


4K. (1) The trial court may, in relation to the trial of the accused, make an order requiring a person whose statement of evidence was served on the accused or whose deposition was taken to

( a ) attend before the trial court and give evidence at the trial of the accused, and

( b ) produce to that court any document or thing specified in the order.

(2) A person who without just excuse disobeys a witness order shall be guilty of contempt of the trial court.

(3) If, on application by the prosecutor or the accused, the trial court is satisfied by evidence on oath that any person is unlikely to comply with a witness order, the court

( a ) may bind the person by recognisance to appear at the trial,

( b ) if the person refuses to be so bound, may, by warrant, commit him to custody until the trial or until he enters into a recognisance, and

( c ) shall have the same powers for enforcing the person s attendance before the trial court for the purposes of this subsection as that court has in relation to witnesses in criminal proceedings.

(4) In this section, witness order means an order made under subsection (1). ]