CHAPTER 29
WITNESSES

Process for securing attendance of witness

202. (1) In this section “prescribed officer of the court” means the registrar, clerk of the court or any other officer prescribed by the rules of court.

(2) (a) The prosecutor or an accused may compel the attendance of a person to give evidence or to produce any book, paper or document in criminal proceedings by issuing or taking out process for that purpose in accordance with procedures prescribed by the rules of court.

(b) If a member of the police has reasonable grounds for believing that the attendance of a person is or will be necessary to give evidence or to produce any book, paper or document in criminal proceedings in a magistrate’s court, and hands to that person a written notice calling upon him or her to attend such proceedings on the date and at the time and place specified in the notice, to give evidence or to produce any book, paper or document, likewise specified, that person is for the purposes of this Act deemed to have been duly subpoenaed so to attend such proceedings.

(3) Where an accused desires to have a witness subpoenaed, a sum of money sufficient to cover the costs of serving the subpoena must be deposited with the prescribed officer of the court, and that officer must then subpoena the witness.

(4) (a) Where an accused desires to have a witness subpoenaed and the accused satisfies the prescribed officer of the court -

(i) that he or she is unable to pay the necessary costs and fees ; and
(ii) that the evidence of the witness is reasonably necessary and material for his or her defence,
that officer must subpoena the witness at the expense of the State.

(b) In any case where the prescribed officer of the court is not so satisfied, that officer must, at the request of the accused, refer the relevant application to the judge or magistrate presiding over the court, who may grant or refuse the application or defer his or her decision until he or she has heard other evidence in the case.

CHAPTER 29
WITNESSES

Witness from prison

205. A prisoner who is in a prison may be subpoenaed as a witness only if the court before which the prisoner is to appear as a witness authorizes that the prisoner be subpoenaed as a witness, and the court may give such authority only if it is satisfied that the evidence in question is reasonably necessary and material and that the public safety or order will not be endangered by the calling of the witness.

Article 64
Functions and powers of the Trial Chamber

1. The functions and powers of the Trial Chamber set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence.

2. The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses.

3. Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber assigned to deal with the case shall:
(a) Confer with the parties and adopt such procedures as are necessary to facilitate the fair and expeditious conduct of the proceedings;
(b) Determine the language or languages to be used at trial; and
(c) Subject to any other relevant provisions of this Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the commencement of the trial to enable adequate preparation for trial.

4. The Trial Chamber may, if necessary for its effective and fair functioning, refer preliminary issues to the Pre-Trial Chamber or, if necessary, to another available judge of the Pre-Trial Division.

5. Upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused.

6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:
(a) Exercise any functions of the Pre-Trial Chamber referred to in article 61, paragraph 11;
(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;
(c) Provide for the protection of confidential information;
(d) Order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties;
(e) Provide for the protection of the accused, witnesses and victims; and
(f) Rule on any other relevant matters.

7. The trial shall be held in public. The Trial Chamber may, however, determine that special circumstances require that certain proceedings be in closed session for the purposes set forth in article 68, or to protect confidential or sensitive information to be given in evidence.

8. (a) At the commencement of the trial, the Trial Chamber shall have read to the accused the charges previously confirmed by the Pre-Trial Chamber. The Trial Chamber shall
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satisfy itself that the accused understands the nature of the charges. It shall afford him or her the opportunity to make an admission of guilt in accordance with article 65 or to plead not guilty.
(b) At the trial, the presiding judge may give directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner. Subject to any directions of the presiding judge, the parties may submit evidence in accordance with the provisions of this Statute.

9. The Trial Chamber shall have, inter alia, the power on application of a party or on its own motion to:
(a) Rule on the admissibility or relevance of evidence; and
(b) Take all necessary steps to maintain order in the course of a hearing.

10. The Trial Chamber shall ensure that a complete record of the trial, which accurately reflects the proceedings, is made and that it is maintained and preserved by the Registrar.