231Action that may be taken if witness refuses to give evidence

#### 231 Action that may be taken if witness refuses to give evidence 231 Action that may be taken if witness refuses to give evidence > > (1) This section applies to a person who— > > > > > (a) appears before a court on a subpoena, or > > > > > (b) appears before a court on bail after being arrested under a warrant after failing to comply with a subpoena, or > > > > > (c) is brought before a court under a warrant of commitment after being so arrested, > > > > to give evidence, or produce any document or thing, or both. > > > (2) The court may order that a warrant be issued for the committal of a person to whom this section applies to a correctional centre 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 3 of Part 4 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 a 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 bail has been dispensed with after being so apprehended. > > **s 231:** Ins 2001 No 119, Sch 1 \[82\]. Am 2014 No 5, Sch 2.15 \[5\].