19Failure of intended witness to appear

19 Failure of intended witness to appear

(1)  If an intended witness –

(a) fails to appear and give evidence in a criminal proceeding as required by a final notice or a recognisance; and

(b) is unable to show that there was a reasonable cause for the failure and that he or she took all steps reasonably available in order to comply with the requirements of the notice –

the intended witness is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 6 months, or both.

(2)  In a prosecution for an offence against subsection (1) , it is a defence if the intended witness can show that he or she was unable to afford the reasonable costs of transport to the criminal proceeding.