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Magistrates Court Act 1930
105Court may remand noncompliant witness
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105 Court may remand noncompliant witness
(1) If a witness fails to enter into a recognisance, the court may order the
remand of the witness in custody until after the defendant’s trial,
unless the witness enters into the recognisance before a magistrate.
Note The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the
(2) If the witness is remanded under this section, a magistrate may order
the director-general to release the witness from custody in accordance
with the order if—
(a) the defendant is not committed for trial for the offence with
which the defendant is charged; or
(b) the relevant officer declines to file an information against the
defendant for the offence; or
Indictable offences—other provisions Division 3.5.6
(c) the witness enters into the recognisance before a magistrate.