14Power to excuse intended witness

14 Power to excuse intended witness

(1)  An intended witness may, before the hearing of a criminal proceeding, apply to the Registrar for an order that the intended witness be excused from giving evidence at the trial.

(2)  If the application under subsection (1) is opposed by the prosecutor or the accused person –

(a) the Registrar must refer the application to a judge; and

(b) the judge, if satisfied that it is in the interests of justice to do so, may order that the intended witness be excused from giving evidence at the hearing.

(3)  Without limiting subsection (2) , matters which may be considered by the judge include –

(a) whether the intended witness is unable to give material evidence; and

(b) whether the intended witness is unable to produce material documents, articles or things; and

(c) whether the intended witness will incur unreasonable hardship by attending Court; and

(d) whether the evidence of the intended witness is otherwise available to the Court.

(4)  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.