Senior Courts Act 2016

High Court - Miscellaneous matters

43: Refusal to give evidence

You could also call this:

"What happens if you refuse to tell the truth in court without a good reason?"

If you are a witness in a court case and you do not have a good reason, you must not refuse to give evidence when asked. You must also not refuse to show a document you have been asked to produce, or refuse to be sworn in, or refuse to answer a question after being sworn in. If you do any of these things, the High Court can order you to be detained in custody for up to 7 days. The High Court can also issue a warrant to arrest and detain you if you still do not comply. If you are brought back to court and still do not comply, the High Court can use these powers again. This does not change any powers the High Court already has under the Contempt of Court Act 2019.

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This page was last updated on 9 February 2026 — View changes

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Part 2High Court
Miscellaneous matters

43Refusal to give evidence

This section applies to a witness in a civil proceeding who, without reasonable excuse,—
refuses to give evidence when required; or
refuses to produce a document the witness has been required to produce; or
refuses to be sworn; or
having been sworn, refuses to answer a question.

The High Court may order that, unless the witness complies with subsection (1), the witness is to be detained in custody for a period not exceeding 7 days and may issue a warrant to arrest and detain the witness.
The High Court may exercise the powers in subsection (2) if the witness is again brought before the court, whether on 1 or more occasions, and still fails to comply with subsection (1).
Nothing in this section limits or affects any power or authority of the High Court under the Contempt of Court Act 2019.

Compare

1908 No 89 s 56B

Notes

Section 43(4): replaced, on 26 August 2020, by section 29 of the Contempt of Court Act 2019 (2019 No 44).