109JAction that may be taken if person does not comply with subpoena

#### 109J Action that may be taken if person does not comply with subpoena 109J Action that may be taken if person does not comply with subpoena > > (1) A party who requested a subpoena may apply to the Children’s Court for the issue of a warrant in accordance with Division 4 for the arrest of the person to whom the subpoena is addressed if the person has not complied with the subpoena. > > > (2) The Children’s Court may issue the warrant if satisfied that— > > > > > (a) the subpoena was issued in accordance with this Division, and > > > > > (b) the person to whom the subpoena is addressed has failed, without reasonable excuse, to comply with the subpoena. > > > (3) The police officer or other person executing the warrant is to bring the person before the Children’s Court as soon as possible after the arrest. > > > (4) The Children’s Court before whom a person who is a child or young person is brought on arrest on a warrant issued under this section may— > > > > > (a) place the child or young person in the care responsibility of the Secretary at a place approved by the Minister for the purposes of this section, and > > > > > (b) order the child or young person to be brought before the Children’s Court at the date, time and place specified in the order. > > > (5) The Children’s Court before whom a person who is an adult is brought on arrest on a warrant issued under this section may— > > > > > (a) if bail is not dispensed with or granted, issue a warrant under Division 5 committing the person to a correctional centre or other place of security, and > > > > > (b) order the person to be brought before the Children’s Court at the date, time and place specified in the order. > > > (6) Notice of the date, time and place set is to be given to the party who requested the subpoena in accordance with the rules. > > **s 109J:** Ins 2005 No 93, Sch 1 \[8\]. Am 2025 No 61, Sch 3.3\[6\] \[7\].