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](#GS41@EN) 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)](#GS42@Gs2@EN) 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)](#GS42@Gs4@EN) [(c)](#GS42@Gs4@Hpc@EN) has the same effect as a summons issued under [section 41](#GS41@EN) .