42Failure of witness to attend

42 Failure of witness to attend

[Section 42 Substituted by No. 108 of 1974, s. 12 ]**[Section 42 Substituted by No. 71 of 1993, s. 5 ]

(1)  A person who, without reasonable excuse, fails or refuses to comply with a summons issued under section 41 is guilty of an offence.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A justice before whom a person is summoned to appear as a witness may issue a warrant for the arrest of that person if –

(a) that person fails or refuses to comply with the summons; and

(b) a reasonable excuse for that failure or refusal is not given; and

(c) the summons was served on that person or had come to that person's knowledge.

(3)  [Section 42 Subsection (3) omitted by No. 66 of 1995, s. 7 ].  .  .  .  .  .  .  .  

(4)  *[Section 42 Subsection (4) amended by No. 66 of 1995, s. 7 ]*A justice may –

(a) refuse to admit to bail a person taken into custody under a warrant issued under subsection (2) and brought before the justice;

(b) admit that person to bail; or

(c) orally order that person to appear before a court of petty sessions at the time and place to which the proceedings in which that person is required as a witness have been adjourned.

(5)  An order under subsection (4) (c) has the same effect as a summons issued under section 41 .