71Arrest of witness

#### 71 Arrest of witness 71 Arrest of witness > > (1) If a person served with a summons to attend an examination as a witness fails to attend in answer to the summons, the examining Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the arrest of the witness. > > > (2) The examining Commissioner may issue a warrant for the arrest of a person whose evidence is desired and is necessary and relevant to an investigation, if the examining Commissioner is satisfied by evidence on oath or affirmation that it is probable that the person— > > > > > (a) will not attend before the examination to give evidence without being compelled to do so, or > > > > > (b) is about to or is making preparations to leave the State and the person’s evidence will not be obtained by the examining Commissioner if the person departs. > > > (3) The examining Commissioner is authorised to administer an oath or affirmation for the purposes of subsection (2). > > > (4) A warrant may be issued without or before the issue of a summons to the person whose evidence is desired. > > > (5) A warrant may be issued after the issue of a summons to the person whose evidence is desired, even though the time named in the summons for the person to attend has not yet passed. > > > (6) A warrant under this section authorises the arrest of the witness and his or her being promptly brought before the examining Commissioner and detained in a correctional centre or elsewhere for that purpose until released by order of the examining Commissioner (a release order). > > > (7) A warrant issued under this section may be executed by any police officer, or by any person to whom it is addressed, and the person executing it may use such force as is reasonably necessary for the purpose of entering any premises for the purpose of executing it. > > > (8) The issue of a warrant or the arrest of a witness does not relieve the witness from any liability incurred by the witness for non-compliance with a summons.