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Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Procedure for taking oral evidence

100: Proceeding may be continued despite witness's failure to appear or give evidence

You could also call this:

"The court case can still happen even if a witness doesn't show up or give evidence."

Illustration for Criminal Procedure Act 2011

If you are supposed to give evidence in court but you do not show up, the court can still keep going with the case. The court can decide to hear your evidence at a different time or place, or they can just keep going without hearing from you. If the court decides to hear your evidence at a different time, some special rules will apply, these are explained in sections 159 to 164. The court will treat it like you are required to be at a special hearing, so you will need to follow those rules.

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Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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99: Oral evidence must be recorded, or

"When you tell something in court, it gets written down or recorded so it's accurate."

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101: Pre-trial order relating to admissibility of evidence: jury trial, or

"Asking the court to decide if you can use certain evidence before a jury trial starts"

Part 3Procedure before trial
Provisions applying only to jury trial procedure: Procedure for taking oral evidence

100Proceeding may be continued despite witness's failure to appear or give evidence

  1. If a person fails to appear to give oral evidence, the court may—

  2. direct that the oral evidence of that person be taken at a time or place directed by the court; or
    1. direct that the proceeding continue to trial without the taking of the oral evidence of that person.

      1. If subsection (1)(a) applies, sections 159 to 164 apply as if the requirement for the person to appear to give oral evidence were a requirement to appear at a hearing.

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