13Issue of warrant for arrest of intended witness

13 Issue of warrant for arrest of intended witness

(1)  [Section 13 Subsection (1) substituted by No. 29 of 2018, s. 30, Applied:10 Dec 2018] If, 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, it appears to a judge that there are reasonable grounds for believing that an intended witness has failed, or is likely to fail, to attend in the criminal proceeding to give evidence as required by a preliminary notice or a final notice, the judge may issue a warrant for the arrest of that intended witness, whether or not that intended witness has previously entered into a recognisance under section 12 .

(2)  At the hearing of an application under subsection (1) , the judge may inform himself or herself in any manner that he or she thinks fit.

(3)  [Section 13 Subsection (3) inserted by No. 29 of 2018, s. 30, Applied:10 Dec 2018] When issuing a warrant to arrest an intended witness under subsection (1) , the judge may also –

(a) require that the intended witness be held in custody until such time as he or she appears to give evidence, or produce documents, articles or things in his or her possession or custody, in the relevant criminal proceeding; or

(b) set such terms for a recognisance as the judge thinks fit in order to secure the attendance of the intended witness, or the production of documents, articles or things in his or her possession or custody, in the relevant criminal proceeding and order that the intended witness be released on entering into such a recognisance.

(4)  [Section 13 Subsection (4) inserted by No. 29 of 2018, s. 30, Applied:10 Dec 2018] If on being arrested under a warrant issued under subsection (1)(a) the intended witness enters into a recognisance in such terms as the judge has set under subsection (3) , the intended witness may be released but, if the witness refuses to enter into such a recognisance, the witness may be held in custody until such time as he or she appears to give evidence, or produce documents, articles or things in his or her possession or custody, in the relevant criminal proceeding.