12Recognisance to secure attendance of witness

12 Recognisance to secure attendance of witness

(1)  [Section 12 Subsection (1) amended by No. 29 of 2018, s. 29, Applied:10 Dec 2018] 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.

(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.

(3)  In proceedings for an order under subsection (2) , 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.

(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.