1988 Ed.]
Criminal Procedure
[CAP. 221
23
shall be guilty of a contempt of that court which shall be punishable by that court summarily as a contempt committed in the face of the court.
(2) No person shall by reason of such disobedience or refusal be liable to imprisonment for a period exceeding 2 years.
(3) In this section "court" includes the District Court.
(Replaced, 59 of 1981, s. 3) [cf. U.K. 1965 c. 69, s. 3]
Further process to secure attendance of witness
37. (1) If the court is satisfied by evidence on oath that a witness in respect of whom a witness order or witness summons is in force is unlikely to comply with the order or summons, the court may issue a warrant to arrest the witness and bring him before it:
Provided that a warrant shall not be issued under this subsection in the case of a witness subject to a conditional witness order unless notice has been given requiring him to attend the trial, nor in the case of a witness subject to a witness summons unless the judge is satisfied by such evidence as aforesaid that the witness is likely to be able to give material evidence or produce any document or thing likely to be material evidence in the proceedings.
(2) Where a witness who is required to attend before a court by virtue of a witness order or a witness summons fails to attend in compliance with the order or summons the court may-
(a) in any case, cause to be served on him a notice requiring him to attend the court forthwith or at such time as may be specified in the notice;
(b) if the court is satisfied that there are reasonable grounds for believing that he has failed to attend without just excuse, or if he has failed to comply with a notice under paragraph (a), issue a warrant to arrest him and bring him before the court.
(3) A witness brought before the court in pursuance of a warrant under this section may be remanded by the court in custody or on bail (with or without sureties) until such time as the court may appoint for receiving his evidence or dealing with him under section 36 and where a witness attends a court in pursuance of a notice under this section the court may direct that the notice shall have effect as if it required him to attend at any later time appointed by the court for receiving his evidence or dealing with him as aforesaid.
(4) In this section "court" includes the District Court.
(Replaced, 59 of 1981, s. 3) [cf. U.K. 1965 c. 69, s. 4]
Provisions supplementary to section 37
38. (1) If the court issuing a warrant in respect of any witness under section 37 is of the opinion that it is appropriate to do so, the court may endorse the warrant for bail, and in any such case-
(a) on the arrest of the witness under the warrant he shall, unless he can forthwith be brought before the court specified in the warrant, be taken to a police station; and