109KAction that may be taken if person refuses to give evidence

109K Action that may be taken if person refuses to give evidence

109K Action that may be taken if person refuses to give evidence

(1) This section applies to a person who—

(a) appears before the Children’s Court on a subpoena to give evidence, or produce any document or thing, or both, or

(b) appears before the Children’s Court on bail after being arrested under a warrant after failing to comply—

(i) with a subpoena to give evidence, or produce any document or thing, or both, or

(ii) with a care proceedings attendance notice, or

(c) is brought before the Children’s Court under a warrant of commitment after being so arrested.

(2) The Children’s Court may order that a warrant be issued for the committal of a person to whom this section applies to a correctional centre, detention centre or other place of security for a period not exceeding 7 days if the person refuses, without offering any just cause or reasonable excuse—

(a) to be examined on oath, or

(b) to take an oath, or

(c) to answer, after having taken an oath, any questions that are put to the person concerning the subject-matter of the proceedings, or

(d) to produce the document or thing.

Note.

Division 5 sets out procedures for warrants of commitment generally.

(3) However, the person is to be released before the expiration of those 7 days if the person—

(a) consents to be examined on oath and to answer questions concerning the subject-matter of the proceedings, or

(b) produces the document or thing.

(4) This Part applies in relation to a subpoena to the exclusion of section 194 (Witnesses failing to attend proceedings) of the Evidence Act 1995.

(5) In this section, a reference to a person who appears before the Children’s Court on bail after being arrested under a warrant after failing to comply with a subpoena includes a reference to a person in respect of whom the requirement for bail has been dispensed with after being so arrested.