{"id":"tas:act-1996-013","name":"Criminal Procedure (Attendance of Witnesses) Act 1996","slug":"criminal-procedure-attendance-of-witnesses-act-1996","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"13 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176982,"registerId":"tas-tas:act-1996-013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Criminal Procedure (Attendance of Witnesses) Act 1996](/view/html/inforce/2026-04-12/act-1996-013) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***Court*** means the Supreme Court of Tasmania;\n> \n> > ***criminal proceeding*** includes –\n> > \n> > > > (a) a proceeding for contempt of court; and\n> > > \n> > > > (b) [*\\[Section 3 Amended by No. 29 of 2018, s. 26, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS26@Hpa@EN) a proceeding under [section 357](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS357@EN) or [409](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS409@EN) of the *Criminal Code*; and\n> > > \n> > > > (c) a hearing on a plea of guilty; and\n> > > \n> > > > (ca) [*\\[Section 3 Amended by No. 29 of 2018, s. 26, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS26@Hpb@EN) an application to a single judge or an associate judge made under a provision of the [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) ; and\n> > > \n> > > > (d) [*\\[Section 3 Amended by No. 29 of 2018, s. 26, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS26@Hpc@EN) any other proceeding held for the purposes of the criminal jurisdiction of the Court –\n> > \n> > [*\\[Section 3 Amended by No. 29 of 2018, s. 26, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS26@Hpd@EN) but does not include an appeal or application to the Court of Criminal Appeal;\n> \n> > ***final notice*** means a final notice to a witness issued under [section 10](#GS10@EN) ;\n> \n> > ***intended witness*** means a person named as a witness in a preliminary notice or final notice;\n> \n> > ***preliminary notice*** means a preliminary notice to a witness issued under [section 5](#GS5@EN) ;\n> \n> > ***recognisance*** means a recognisance in force under [section 12](#GS12@EN) ;\n> \n> > ***Registrar*** means the Registrar of the Court.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act","content":"### 4 Application of Act\n\n> This Act does not apply to a person who –\n> \n> > > (a) under any other Act or law, may not be compelled to attend as a witness in a criminal proceeding; or\n> > \n> > > (b) is required by writ of *habeas corpus ad testificandum* or *habeas corpus ad respondendum* to attend court and give evidence.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Notices to witness","content":"# Part 2 Notices to witness","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary notices","content":"## Division 1 Preliminary notices","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Preliminary notice to witness","content":"### 5 Preliminary notice to witness\n\n> > (1)  [*\\[Section 5 Subsection (1) amended by No. 29 of 2018, s. 27, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS27@Hpa@EN) On application by the prosecutor, an accused person, an applicant, a respondent to an application or any other person who is a party to a criminal proceeding, the Registrar must issue a preliminary notice in the prescribed form to any person named in the notice requiring that person to attend and give evidence at a criminal proceeding.\n> \n> > (2)  [*\\[Section 5 Subsection (2) amended by No. 29 of 2018, s. 27, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS27@Hpb@EN) A person is not required to attend as a witness under [subsection (1)](#GS5@Gs1@EN) until he or she is served with a final notice on behalf of the person who applied for the preliminary notice.\n> \n> > (3)  [*\\[Section 5 Subsection (3) amended by No. 29 of 2018, s. 27, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS27@Hpc@EN) As soon as practicable after the issue of a preliminary notice, the person who applied for the notice must cause the notice to be served on the intended witness.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Change of address or inability to attend","content":"### 6 Change of address or inability to attend\n\n> > (1)  Where a person served with a preliminary notice proposes to change his or her place of residence, employment or business from the address specified in the notice, that person must –\n> > \n> > > > (a) as early as practicable before the change occurs, give notice in writing of the change to the person who caused the notice to be issued; or\n> > > \n> > > > (b) if it is not practicable to do so, give oral notice of the change to that person.\n> \n> > (2)  Where a person served with a preliminary notice is of opinion that circumstances have arisen or may arise that will, or may, prevent that person from attending and giving evidence, either generally or during a particular period, in a criminal proceeding, that person must –\n> > \n> > > > (a) as soon as practicable after the relevant facts have come to his or her knowledge, give notice in writing of those facts to the person who caused the notice to be issued; or\n> > > \n> > > > (b) if it is not practicable to do so, give oral notice of those facts to that person.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Limitation of obligations under preliminary notice","content":"### 7 Limitation of obligations under preliminary notice\n\n> The obligations arising under a preliminary notice cease on the expiration of 6 months after the date on which it is served.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Notice to state effect of this Division","content":"### 8 Notice to state effect of this Division\n\n> A preliminary notice is to include a statement specifying the duties imposed on an intended witness under this Division.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Effect of preliminary notice","content":"### 9 Effect of preliminary notice\n\n> A preliminary notice is not affected by a postponement or adjournment of the criminal proceeding in respect of which the notice was issued.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Final notices","content":"## Division 2 Final notices","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Issue of final notice","content":"### 10 Issue of final notice\n\n> > (1)  [*\\[Section 10 Subsection (1) amended by No. 29 of 2018, s. 28, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS28@Hpa@EN) The Registrar must, on application by the prosecutor, an accused person, an applicant, a respondent to an application or any other person who is a party to a criminal proceeding, and whether or not a preliminary notice has been issued, cause a final notice in the prescribed form to be issued to an intended witness requiring him or her to attend in a criminal proceeding to give evidence and to produce such documents, articles or things as may be specified in the notice.\n> \n> > (2)  [*\\[Section 10 Subsection (2) amended by No. 29 of 2018, s. 28, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS28@Hpb@EN) A final notice is to include a statement specifying –\n> > \n> > > > (a) the date, time and place at which the intended witness is required to attend; and\n> > > \n> > > > (b) the penalties to which the intended witness may be subject on failure to comply with the notice –\n> > \n> > and is to be served by, or at the behest of, the person who applied for it as soon as practicable after it has been issued.","sortOrder":13},{"sectionNumber":"Division 3","sectionType":"division","heading":"Discharge of notices","content":"## Division 3 Discharge of notices","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Discharge of notices to witnesses","content":"### 11 Discharge of notices to witnesses\n\n> A preliminary notice and a final notice cease to have effect when the accused person is discharged from all proceedings in respect of the offence or offences to which the notice relates.","sortOrder":15},{"sectionNumber":"Division 4","sectionType":"division","heading":"Recognisances","content":"## Division 4 Recognisances","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Recognisance to secure attendance of witness","content":"### 12 Recognisance to secure attendance of witness\n\n> > (1)  [*\\[Section 12 Subsection (1) amended by No. 29 of 2018, s. 29, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS29@EN) On application by the prosecutor, an accused person, an applicant, a respondent to an application or any other person who is a party to a criminal proceeding, a judge may require an intended witness to enter into a recognisance in such terms as the judge thinks fit in order to secure the attendance of that person as a witness or the production of documents, articles or things in his or her possession or custody in a criminal proceeding.\n> \n> > (2)  If a person bound by a recognisance fails to appear and give evidence in a criminal proceeding pursuant to the recognisance, the Court, on production of the recognisance, may order that the amount of the recognisance be forfeited to the Crown.\n> \n> > (3)  In proceedings for an order under [subsection (2)](#GS12@Gs2@EN) , it is a defence if the intended witness can show that he or she was unable to afford the reasonable cost of transport to the criminal proceeding.\n> \n> > (4)  An intended witness who is bound by a recognisance may, within such time as may be appointed by the Court, show cause before a judge why a condition of the recognisance should not be enforced and, on cause being shown, a judge must inquire into the circumstances of the case and, if the judge thinks fit, may order the discharge of the whole or any part of the amount ordered to be forfeited.","sortOrder":17},{"sectionNumber":"Part 3","sectionType":"part","heading":"Intended witnesses","content":"# Part 3 Intended witnesses","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Issue of warrant for arrest of intended witness","content":"### 13 Issue of warrant for arrest of intended witness\n\n> > (1)  [*\\[Section 13 Subsection (1) substituted by No. 29 of 2018, s. 30, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS30@Hpa@EN) If, on application by the prosecutor, an accused person, an applicant, a respondent to an application or any other person who is a party to a criminal proceeding, it appears to a judge that there are reasonable grounds for believing that an intended witness has failed, or is likely to fail, to attend in the criminal proceeding to give evidence as required by a preliminary notice or a final notice, the judge may issue a warrant for the arrest of that intended witness, whether or not that intended witness has previously entered into a recognisance under [section 12](#GS12@EN) .\n> \n> > (2)  At the hearing of an application under [subsection (1)](#GS13@Gs1@EN) , the judge may inform himself or herself in any manner that he or she thinks fit.\n> \n> > (3)  [*\\[Section 13 Subsection (3) inserted by No. 29 of 2018, s. 30, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS30@Hpb@EN) When issuing a warrant to arrest an intended witness under [subsection (1)](#GS13@Gs1@EN) , the judge may also –\n> > \n> > > > (a) require that the intended witness be held in custody until such time as he or she appears to give evidence, or produce documents, articles or things in his or her possession or custody, in the relevant criminal proceeding; or\n> > > \n> > > > (b) set such terms for a recognisance as the judge thinks fit in order to secure the attendance of the intended witness, or the production of documents, articles or things in his or her possession or custody, in the relevant criminal proceeding and order that the intended witness be released on entering into such a recognisance.\n> \n> > (4)  [*\\[Section 13 Subsection (4) inserted by No. 29 of 2018, s. 30, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS30@Hpb@EN) If on being arrested under a warrant issued under [subsection (1)(a)](#GS13@Gs1@Hpa@EN) the intended witness enters into a recognisance in such terms as the judge has set under [subsection (3)](#GS13@Gs3@EN) , the intended witness may be released but, if the witness refuses to enter into such a recognisance, the witness may be held in custody until such time as he or she appears to give evidence, or produce documents, articles or things in his or her possession or custody, in the relevant criminal proceeding.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Power to excuse intended witness","content":"### 14 Power to excuse intended witness\n\n> > (1)  An intended witness may, before the hearing of a criminal proceeding, apply to the Registrar for an order that the intended witness be excused from giving evidence at the trial.\n> \n> > (2)  If the application under [subsection (1)](#GS14@Gs1@EN) is opposed by the prosecutor or the accused person –\n> > \n> > > > (a) the Registrar must refer the application to a judge; and\n> > > \n> > > > (b) the judge, if satisfied that it is in the interests of justice to do so, may order that the intended witness be excused from giving evidence at the hearing.\n> \n> > (3)  Without limiting [subsection (2)](#GS14@Gs2@EN) , matters which may be considered by the judge include –\n> > \n> > > > (a) whether the intended witness is unable to give material evidence; and\n> > > \n> > > > (b) whether the intended witness is unable to produce material documents, articles or things; and\n> > > \n> > > > (c) whether the intended witness will incur unreasonable hardship by attending Court; and\n> > > \n> > > > (d) whether the evidence of the intended witness is otherwise available to the Court.\n> \n> > (4)  At the hearing of an application under [subsection (1)](#GS14@Gs1@EN) , the judge may inform himself or herself in any manner that he or she thinks fit.","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous and supplemental","content":"# Part 4 Miscellaneous and supplemental","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Requirement for continued attendance at court","content":"### 15 Requirement for continued attendance at court\n\n> A person who has been served with a final notice is required to attend in a criminal proceeding on the date specified in the notice and from day to day until excused by the Court from further attendance.","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Requirement to tender conduct money abolished","content":"### 16 Requirement to tender conduct money abolished\n\n> > (1)  The requirement for the tender of conduct money for the appearance of a person as a witness in a criminal proceeding is abolished.\n> \n> > (2)  Nothing in [subsection (1)](#GS16@Gs1@EN) affects the right of a person to recover as money had and received any money paid as conduct money before the commencement of this Act.","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Expenses of witnesses","content":"### 17 Expenses of witnesses\n\n> > (1)  [*\\[Section 17 Subsection (1) amended by No. 62 of 2000, Sched. 1, Applied:01 Jul 2001\\]*](/view/html/inforce/2001-07-01/act-2000-062#JS1@Ja5@GC1@EN) [*\\[Section 17 Subsection (1) substituted by No. 29 of 2017, Sched. 1, Applied:05 Sep 2017\\]*](/view/html/inforce/2017-09-05/act-2017-029#JS1@Ja6@GC1@EN) Unless otherwise ordered by the Court, the following people are entitled to be paid expenses in accordance with this section:\n> > \n> > > > (a) any person who gives evidence in a criminal proceeding at the request of the prosecution;\n> > > \n> > > > (b) any person whom a Crown Law officer certifies as having attended at any place at the request of the prosecution to give such evidence.\n> \n> > (2)  [*\\[Section 17 Subsection (2) substituted by No. 29 of 2017, Sched. 1, Applied:05 Sep 2017\\]*](/view/html/inforce/2017-09-05/act-2017-029#JS1@Ja6@GC1@EN) The Court may order the payment of expenses to any person who attends at any place for the purpose of giving evidence in a criminal proceeding.\n> \n> > (3)  The amount of expenses payable to a person under this section is to be ascertained by the Registrar in accordance with the prescribed scale.\n> \n> > (4)  On production of a certificate from the examining justices before whom an accused person has been charged with an indictable offence that –\n> > \n> > > > (a) a person who has given evidence before them against the accused person; or\n> > > \n> > > > (b) a person bound by recognisance to appear and give evidence for the accused person upon his trial –\n> > \n> > is entitled to payment of the expenses (calculated in accordance with the prescribed scale) specified in the certificate, that person is entitled, subject to [subsections (5)](#GS17@Gs5@EN) and [(6)](#GS17@Gs6@EN) , to receive the amount mentioned in the certificate in addition to the amount, if any, to which he or she may be entitled under [subsection (1)](#GS17@Gs1@EN) or [(2)](#GS17@Gs2@EN) .\n> \n> > (5)  If, in a criminal proceeding –\n> > \n> > > > (a) the Court has reason to believe that any such person has attempted to evade service of the final notice or has failed to appear in obedience to the notice or in pursuance of his or her recognisance; or\n> > > \n> > > > (b) the conduct or demeanour of any such person before the Court is in the opinion of the Court unsatisfactory or improper –\n> > \n> > the Court may order that that person is to be deprived of all or any of the amount payable to him or her under this section.\n> \n> > (6)  If the Court is of opinion that the amount certified by the examining justices to be payable under [subsection (4)](#GS17@Gs4@EN) to a person is excessive, the Court may order the payment of such reduced amount as it thinks fit.\n> \n> > (7)  An amount payable under this section is to be paid by the Registrar to the person entitled or to another person on his or her written order out of money provided by Parliament for that purpose.\n> \n> > (8)  A witness is not entitled to expenses for attending before the examining justices unless he or she produces to the Registrar a certificate under [subsection (4)](#GS17@Gs4@EN) .","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Abolition of subpoenae ad testificandum and duces tecum in criminal proceedings","content":"### 18 Abolition of subpoenae ad testificandum and duces tecum in criminal proceedings\n\n> > (1)  On and from the commencement of this Act a *subpoena ad testificandum* and a *subpoena duces tecum* may not be issued or used in criminal proceedings.\n> \n> > (2)  Nothing in [subsection (1)](#GS18@Gs1@EN) affects a *subpoena ad testificandum* or a *subpoena duces tecum* that was issued and in force immediately before the commencement of this Act and a prosecutor or an accused person is competent to bring proceedings arising from any such subpoena notwithstanding this Act.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Failure of intended witness to appear","content":"### 19 Failure of intended witness to appear\n\n> > (1)  If an intended witness –\n> > \n> > > > (a) fails to appear and give evidence in a criminal proceeding as required by a final notice or a recognisance; and\n> > > \n> > > > (b) is unable to show that there was a reasonable cause for the failure and that he or she took all steps reasonably available in order to comply with the requirements of the notice –\n> > \n> > the intended witness is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 6 months, or both.\n> \n> > (2)  In a prosecution for an offence against [subsection (1)](#GS19@Gs1@EN) , it is a defence if the intended witness can show that he or she was unable to afford the reasonable costs of transport to the criminal proceeding.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Regulations","content":"### 20 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Without limiting the generality of [subsection (1)](#GS20@Gs1@EN) , the regulations may make provision with respect to –\n> > \n> > > > (a) the procedure for making an application under this Act; and\n> > > \n> > > > (b) the service of notices and applications to the Court or Registrar for the purposes of this Act; and\n> > > \n> > > > (c) the issue of summonses against intended witnesses who fail to comply with notices or recognisances; and\n> > > \n> > > > (d) the payment of expenses to witnesses.\n\n*\n\n**21.**   \n\n> The amendment effected by this section has been incorporated into the authorised version of the [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) .\n\n**\n\n**22.**   \n\n> The amendments effected by this section have been incorporated into the authorised version of the [Evidence Act 1910](/view/html/inforce/2026-04-12/act-1910-020) .\n\n**\n\n**23.**   \n\n> The amendments effected by this section have been incorporated into the authorised version of the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .\n\n*","sortOrder":27},{"sectionNumber":"21.","sectionType":"section","heading":null,"content":"### 21.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) .","sortOrder":28},{"sectionNumber":"22.","sectionType":"section","heading":null,"content":"### 22.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Evidence Act 1910](/view/html/inforce/2026-04-12/act-1910-020) .","sortOrder":29},{"sectionNumber":"23.","sectionType":"section","heading":null,"content":"### 23.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Administration of Act","content":"### 24 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) this Act is administered by the Minister for Justice; and\n> > \n> > > (b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.","sortOrder":31}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The statutory text as provided contains multiple amendment notes and substituted subsections (notably in ss3, 5, 10, 12, 13 and 17) indicating the Act’s scope and procedure have been altered since original enactment. These amendments broadened and clarified the definition of \"criminal proceeding\" (s3), updated who may apply for notices and the Registrar’s duties (ss5(1), 10(1)), expanded judicial recognisance and arrest powers (ss12, 13), and modified witness expense and entitlement rules (s17). Sections 21–23 record incorporation of related amendments into authorised versions of other Acts. Together, those changes adjust which proceedings and persons are covered and refine enforcement and payment mechanics compared with the original text."},"complexity_factors":["Multiple procedural stages (preliminary notice, final notice, recognisance, warrant) with interlocking triggers and time limits (ss5–7, s10, s12–13)","Significant judicial discretion in enforcement and excusal decisions (ss12(1), s13(1)–(4), s14(2)–(4))","Removal of historic subpoena mechanism and conduct money, replaced by administrative payment and Registrar processes (s16, s18, s17(3), s17(7))","Interactions with other criminal and evidence provisions by reference (definition of \"criminal proceeding\" in s3 referencing other Acts)","Statutory defences and mitigation routes (transport‑cost defence to forfeiture and to offence; ss12(3), s19(2))","Regulatory delegation for procedural detail and payment rules (s20) creates variability in practical operation","Enforcement mechanisms include criminal penalties, recognisance forfeiture and arrest warrants—with differing standards and remedies (ss12(2), s13, s19)","Administrative responsibilities split between Registrar (issuance, payment) and judges (orders, warrants), requiring coordination (ss5, s10, s17, s12, s13)"],"plain_english_summary":"This law replaces subpoenas with a notice‑based system in the Supreme Court of Tasmania, requiring intended witnesses to attend once served with a final notice and allowing judges to enforce attendance by recognisances, arrest warrants, custody or penalties. It abolishes party‑tendered conduct money and makes witness expenses payable by the Registrar from public funds. It affects prosecutors, accused parties, witnesses and the Court, shifting costs to the State and concentrating judicial discretion over enforcement."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1996 Act appears to have been a straightforward witness attendance procedure. However, amendments (particularly No. 29 of 2018) have significantly expanded the definition of 'criminal proceeding' to include: proceedings under specific Criminal Code sections (357, 409), applications to single judges or associate judges, and any other proceeding for the criminal jurisdiction of the Court. The 2017 and 2018 amendments also substantially rewrote the expenses provisions (Section 17) and expanded who can apply for notices and warrants. The Act has grown from a simple subpoena replacement to a comprehensive witness management system with detailed financial and enforcement mechanisms."},"complexity_factors":["Moderate cross-referencing: Multiple references to external Acts including the Criminal Code Act 1924, Evidence Act 1910, and Justices Act 1959","Nested definitions: 'criminal proceeding' has 5 sub-paragraphs including exceptions (appeals to Court of Criminal Appeal excluded)","Conditional logic in multiple sections: Section 17 has 8 subsections with layered conditions for expense payments; Section 19 has nested failure conditions with defences","Amendment tracking visible: Multiple editorial notes indicating amendments by No. 29 of 2018, No. 29 of 2017, No. 62 of 2000, creating version complexity","Procedural dependencies: The two-stage notice system (preliminary then final) creates temporal dependencies that must be understood sequentially","Exception to exception structure: Section 4 excludes certain persons; Section 19(2) provides a defence to the offence in 19(1); Section 12(3) provides a defence to forfeiture","Dual administration references: Section 24 contains transitional administrative arrangements pending formal designation"],"plain_english_summary":"This Tasmanian law sets out how witnesses are made to attend criminal court cases. It replaces the old system of subpoenas (court orders to attend) with a two-step notice process.\n\n**Who it affects:**\n- **Witnesses** – people required to give evidence in criminal trials, committal hearings, or contempt proceedings in Tasmania's Supreme Court\n- **Parties to criminal cases** – prosecutors, accused persons, and anyone else involved in the proceeding\n- **The Court and Registrar** – who issue notices and manage the process\n\n**What it does:**\n\n**1. Two-stage notice system**\n- **Preliminary notice**: An early warning that someone might be needed as a witness. It lasts 6 months and requires the witness to notify the court if they move or can't attend.\n- **Final notice**: The formal order to attend court on a specific date, with penalties for non-attendance clearly stated.\n\n**2. Arrest warrants for non-attendance**\nIf a judge believes a witness won't show up, they can issue an arrest warrant. The witness can be held in custody until they give evidence, or released on a **recognisance** (a formal promise, often with a money bond, to attend).\n\n**3. Financial arrangements**\n- Abolishes the old rule that you had to pay a witness \"conduct money\" upfront to make them attend\n- Sets up a system for witnesses to claim expenses (travel, etc.) from the government instead\n- Allows the court to strip expenses from witnesses who behave badly or try to dodge service\n\n**4. Excusing witnesses**\nWitnesses can apply to be excused from giving evidence if it would cause unreasonable hardship, their evidence isn't important, or the evidence is available another way.\n\n**5. Offences**\nFailing to attend court after receiving a final notice is a criminal offence punishable by up to 6 months in prison or a fine (20 penalty units), unless the witness couldn't afford transport.\n\n**Why it matters:**\nThis law modernises how Tasmania's criminal courts secure witness attendance, balancing the needs of justice with fairness to witnesses. It removes the burden on parties to pay witnesses upfront while ensuring courts have power to compel attendance when necessary."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to remain focused on its original purpose: establishing procedures for compelling witness attendance in Tasmanian criminal proceedings. There is no evident scope creep from the original intent, though amendments made up to December 2018 may have refined procedural details without fundamentally altering the core purpose."},"complexity_factors":["Procedural law requiring understanding of how criminal court processes work","Intersection with contempt of court powers and enforcement mechanisms","Potential cross-jurisdictional elements involving interstate witnesses","Limited legislative text was provided, restricting full analysis of all provisions","Interaction with broader criminal procedure legislation in Tasmania","Technical distinctions between different types of court orders (subpoenas for attendance vs. production of documents)"],"plain_english_summary":"## Criminal Procedure (Attendance of Witnesses) Act 1996 (Tasmania)\n\n### What does this law do?\nThis Tasmanian Act sets out the rules for **compelling people to appear and give evidence** in criminal court proceedings. In plain terms, it creates the legal framework for making witnesses show up to court when required — whether they want to or not.\n\n### Who does it affect?\n- **Witnesses** in criminal cases who may be required to attend court\n- **Accused persons** and their legal representatives who need to call witnesses\n- **Prosecutors** who need witnesses to support the Crown's case\n- **Courts** (magistrates and higher courts) that manage criminal proceedings in Tasmania\n\n### Why does it matter?\nWithout a mechanism to compel witnesses to attend, criminal trials could collapse simply because key people refuse to show up. This law ensures the justice system can function by:\n- Allowing courts to issue **subpoenas** (formal legal orders requiring a person to attend court and/or produce documents)\n- Setting out what happens if someone **ignores** a subpoena (they can be held in contempt or arrested)\n- Providing procedures for witnesses who are **interstate or in difficult circumstances**\n\n### Key practical points\n- If you receive a subpoena under this Act, **you must comply** — ignoring it can result in being arrested or fined\n- There are processes to **challenge** a subpoena if it is unreasonable or burdensome\n- Witnesses may be entitled to **expenses and allowances** for their attendance\n\n⚠️ *Note: This analysis is based on the available text of the Act as at December 2018. Always check for the most current version before relying on it.*"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/criminal-procedure-attendance-of-witnesses-act-1996","history":"/api/acts/criminal-procedure-attendance-of-witnesses-act-1996/history","analysis":"/api/acts/criminal-procedure-attendance-of-witnesses-act-1996/analysis","conflicts":"/api/acts/criminal-procedure-attendance-of-witnesses-act-1996/conflicts","importantCases":"/api/acts/criminal-procedure-attendance-of-witnesses-act-1996/important-cases","documents":"/api/acts/criminal-procedure-attendance-of-witnesses-act-1996/documents"}}