Failure of witness to attend committal hearing
134 Failure of witness to attend committal hearing
If a witness who is required to attend a committal hearing does not attend, the Magistrates' Court may—
adjourn the hearing; or
S. 134(1)(b) amended by No. 69/2009 s. 54(Sch. Pt 1 item 14.1).
cause a summons to be issued to compel the attendance of the witness; or
continue the committal hearing in the absence of the witness if satisfied that it would not be unfair to the accused to do so.
If the Magistrates' Court continues the committal hearing in the absence of the witness referred to in subsection (1), the statement or recorded evidence or examination of the witness is inadmissible in evidence in the committal hearing.
Note to s. 134 inserted by No. 69/2009 s. 54(Sch. Pt 1 item 14.2).
Note
Section 194 of the Evidence Act 2008 provides for the court to issue a warrant to apprehend a witness who does not attend court.
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