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](/view/html/inforce/current/act-1995-025). > > > (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. > > **s 109K:** Ins 2005 No 93, Sch 1 \[8\].