2223
CAP. 221]
Rule or order for attendance of jury
Criminal Procedure
[1988 Ed.
33. It shall be lawful for the court or a judge to make such rules or orders as may be necessary to procure the attendance of a special or common jury for the trial of any case depending in the court, at such time and place and in such manner as the court or judge may think fit.
Witnesses
Summons to witness to attend High Court or District Court
34. (1) For the purpose of any criminal proceedings before the court a summons requiring the person to whom it is directed to attend before the court and give evidence or produce any document or thing specified in the summons may be issued out of the court.
(2) If any person in respect of whom a witness summons has been issued applies to the court out of which the summons was issued and satisfied it that he cannot give any material evidence or, as the case may be, produce any document or thing likely to be of material evidence the court may direct that the summons shall be of no effect.
(3) Where on any such application a direction is given that a witness summons shall be of no effect, the person at whose instance the summons was issued may be ordered to pay the whole or any part of the costs of the application.
(4) Any costs payable under such an order shall be taxed by the proper officer of the court and payment of those costs shall be enforceable in the same manner as an order for payment of costs made by the court in a civil case.
(5) A witness summons shall continue to have effect until the conclusion of the proceedings at which the attendance of the witness is required.
(6) In this section "court" includes the District Court.
(Replaced, 59 of 1981, s. 3) [cf. U.K. 1965 c. 69, s. 2]
Witness to be notified of date of hearing in High Court
35. Where a person is the subject of a witness order and a date is set for the trial at which his attendance is required, the Registrar shall cause to be served upon him notice in writing of the date and time, and of the place, at which that person's attendance is required under the witness order.
(Replaced, 59 of 1981, s. 3)
Punishment for disobedience to witness order or summons
36. (1) Any person who---
(a) without just excuse disobeys a witness order or a witness summons requiring him to attend before a court; or
(b) refuses to be sworn or to give evidence when duly required to do so, whether or not he is the subject of a witness order or a witness summons,