17Expenses of witnesses

17 Expenses of witnesses

(1)  [Section 17 Subsection (1) amended by No. 62 of 2000, Sched. 1, Applied:01 Jul 2001] [Section 17 Subsection (1) substituted by No. 29 of 2017, Sched. 1, Applied:05 Sep 2017] Unless otherwise ordered by the Court, the following people are entitled to be paid expenses in accordance with this section:

(a) any person who gives evidence in a criminal proceeding at the request of the prosecution;

(b) any person whom a Crown Law officer certifies as having attended at any place at the request of the prosecution to give such evidence.

(2)  [Section 17 Subsection (2) substituted by No. 29 of 2017, Sched. 1, Applied:05 Sep 2017] The Court may order the payment of expenses to any person who attends at any place for the purpose of giving evidence in a criminal proceeding.

(3)  The amount of expenses payable to a person under this section is to be ascertained by the Registrar in accordance with the prescribed scale.

(4)  On production of a certificate from the examining justices before whom an accused person has been charged with an indictable offence that –

(a) a person who has given evidence before them against the accused person; or

(b) a person bound by recognisance to appear and give evidence for the accused person upon his trial –

is entitled to payment of the expenses (calculated in accordance with the prescribed scale) specified in the certificate, that person is entitled, subject to subsections (5) and (6) , to receive the amount mentioned in the certificate in addition to the amount, if any, to which he or she may be entitled under subsection (1) or (2) .

(5)  If, in a criminal proceeding –

(a) the Court has reason to believe that any such person has attempted to evade service of the final notice or has failed to appear in obedience to the notice or in pursuance of his or her recognisance; or