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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Obtaining attendance of witnesses

161: Issue of warrant to obtain attendance of witness

You could also call this:

"The court can arrest you to make you come to court if you don't show up as a witness."

Illustration for Criminal Procedure Act 2011

A judicial officer can issue a warrant to arrest you and bring you to court if you were summoned as a witness under section 159 and you do not show up at the right time and place, and you do not have a good reason for not being there. The judicial officer must be sure that you got the summons. A judicial officer can also issue a warrant if they think your evidence is needed at a hearing and you will not come to give evidence unless you are forced to. A Registrar can do the same things as a judicial officer in this situation.

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Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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160: Summons to witness to non-party disclosure hearing, or

"Asking someone to come to a special hearing to share information"

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162: To whom warrant to be directed and power of person executing warrant to enter premises, or

"Who gets a warrant to arrest someone and how they can enter a property to do it"

Part 5General provisions
Conduct of proceeding: Obtaining attendance of witnesses

161Issue of warrant to obtain attendance of witness

  1. A judicial officer may issue a warrant to arrest a person and bring him or her before the court if—

  2. the person summoned as a witness under section 159 fails to appear at the time and place appointed and no reasonable excuse is offered for his or her failure, and the judicial officer is satisfied that the summons was served on the person; or
    1. the judicial officer is satisfied, whether or not a summons has been issued or served, that—
      1. a person's evidence is required at the hearing by either the prosecutor or the defendant; and
        1. the person will not attend to give evidence without being compelled to do so.

        2. A Registrar may exercise the power under this section.

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