312Failure to give evidence—committal

312 Failure to give evidence—committal (1) This section applies if the court is satisfied— (a) that a witness before the court has contravened any of the following provisions of the Criminal Code (the relevant Code provisions): (i) section 720 (Failing to produce document or other thing); (ii) section 721 (Failing to take oath); (iii) section 722 (Failing to answer question or give information); or (b) a person has contravened any of the relevant Code provisions in relation to an examination before the registrar under the rules. (a) adjourn the proceeding for not longer than 8 days; and (b) order that the person be remanded in custody until the earlier of the following: (i) the date to which the proceeding is adjourned;

(ii) the person agrees to comply with the relevant Code provisions. Note The court must issue a warrant for the remand of the person in the (3) If— (a) the court has adjourned the proceeding, and ordered the person’s remand, under subsection (2) or this subsection; and (b) the person is later brought before the court; and (c) the person does not consent to comply with the relevant Code provisions; the court may exercise the powers mentioned in subsection (2) in relation to the person. (4) The periods for which a person is remanded under this section must not total more than 28 days. (5) However, the court must not commit a person under subsection (2) or (3) if the person is punished for an offence against any or the relevant Code provisions in relation to the contravention mentioned in subsection (1).