Justices Act 1886

If a person summoned as a witness neglects or refuses to appear at the time and place appointed by the summons, and no just excuse is offered for such neglect or refusal, then (after proof upon oath that the summons was duly served upon such person, and, except in the case of indictable offences, that a reasonable sum was paid or tendered to the person for the person’s costs and expenses of attendance) the justices before whom such person should have appeared may then and there impose upon the person in the person’s absence a penalty not exceeding 2 penalty units, which may be recovered in the same manner as penalties imposed upon a summary conviction as hereinafter provided.

The justices may also issue their warrant to bring and have such person at a time and place to be therein mentioned before such justices as shall then be there to testify as aforesaid.

No payment or tender of expenses shall be necessary in the case of indictable offences.