63Warrant to bring witness to court

63 Warrant to bring witness to court (1) The court may issue a warrant for the arrest of a person who is a witness in a hearing if the person— (a) was informed of the time and place of the hearing; and (b) was required to attend to give evidence at the hearing in accordance with— (i) a subpoena served on the person; or (ii) an order of the court; or (iii) an undertaking given to the court by the person; and (c) failed to attend the hearing as required; and (d) did not provide the court with a reasonable explanation for not attending. (2) A warrant must not be issued under subsection (1) unless— (a) the court is satisfied that the party calling the person as a witness in the proceeding has taken reasonably practicable steps to contact the person; and (b) it is in the interests of justice to issue the warrant.

(3) In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following: (a) the importance of the evidence the person is expected to give; (b) whether the evidence could be obtained by other means; (c) the nature of the matter being heard; (d) the degree of urgency to resolve the matter; (e) the likelihood that the issue of a warrant would secure the person’s attendance at the hearing; (f) if the court has been contacted by the person, or the party calling the person as a witness in the proceeding has contacted the person— (i) the reason (if any) given by the person for not attending as required; and (ii) the impact of using a warrant for the arrest of the person.