New South Wales Consolidated Acts
[Search this Act]
CRIMINAL PROCEDURE ACT 1986 - SECT 231
Action that may be taken if witness refuses to give evidence
231 Action that may be taken if witness refuses to give evidence
(1) This section applies to a person who--
(a) appears before a court on a
(b) appears before a court on bail after being arrested under a
warrant after failing to comply with a subpoena, or
(c) is brought before a
court under a warrant of commitment after being so arrested, to give evidence,
or produce any document or thing, or both.
(2) The court may order that a
warrant be issued for the committal of a person to whom this section applies
to a correctional centre for a period not exceeding 7 days if the person
refuses, without offering any just cause or reasonable excuse--
(a) to be
examined on oath, or
(b) to take an oath, or
(c) to answer, after having
taken an oath, any questions that are put to the person concerning the
subject-matter of the proceedings, or
(d) to produce the document or thing.
Note : Division 3 of Part 4 sets out procedures for warrants of commitment
(3) However, the person is to be released before the expiration of
those 7 days if the person--
(a) consents to be examined on oath and to answer
questions concerning the subject-matter of the proceedings, or
the document or thing.
(4) This Part applies in relation to a subpoena to the
exclusion of section 194 (Witnesses failing to attend proceedings) of the
Evidence Act 1995 .
(5) In this section, a reference to a person who appears
before a court on bail after being arrested under a warrant after failing to
comply with a subpoena includes a reference to a person in respect of whom
bail has been dispensed with after being so apprehended.
AustLII: Copyright Policy