CHAPTER THREE
Procedure
PART V
PRELIMINARY INQUIRIES AND COMMITTAL PROCEEDINGS
SUB-PART B
PROCEEDINGS TO COMPEL APPEARANCE OF ACCUSED AND WITNESS
Order to bring up inmate as witness
791. The provisions of section 783 shall mutatis mutandis apply for securing the attendance of any person confined in any correctional facility in this State who is required to give evidence at any preliminary inquiry or at any trial before a Magistrate.
Issue and contents of summons to witness
792. If, either before or on the hearing of any complaint, it appears to a Magistrate on the statement of the complaint or the accused or otherwise, that any person is likely to give material evidence for the complainant or for the accused, the Magistrate may issue a summons to the person, requiring him or her to appear before the Court, at the time specified in the summons, to give evidence concerning the case, and to bring with him or her any documents or thing relating to the case, which may be in his or her possession, power or control.
Service and proof of service of, summons on witness
793. The provisions of sections 784, 785 and 786 shall mutatis mutandis, apply to the service and the proof of service of summons on a witness on the holding of a preliminary inquiry with respect to an indict-able offence or to the trial of any offence by a Magistrate.
Warrant for witness disobeying summons or avoiding service
794. If any person to whom a summons is directed as a witness does not appear before the Court at the time stated in the summons, and does not offer any lawful excuse for his or her non-appearance, then, after proof upon oath that the summons was duly served on him or her or that he or she willfully avoided service of the summons, the Court, if satisfied by proof upon oath that he or she is likely to give material evidence, may issue a warrant to bring him or her before the Court at the time stated in the summons, in order to testify or otherwise do what is required of him or her.
Warrant for witness in first instance
795. If the Magistrate is satisfied by evidence upon oath that the person likely to give material evidence, either for the complainant or for the accused, will not attend to give evidence without being compelled to do so he or she may instead of a summons issue a warrant for the arrest of the person.
Witness arrested, how dealt with
796. When a witness is arrested under a warrant, other than for dis¬obedience to a summons issued under section 792 if the hearing of the case for which his or her evidence is required is fixed for a time more than twenty-four hours after the arrest, the witness shall be taken before a Magistrate, and the Magistrate may, on the witness furnishing security by recognizance, to the satisfaction of the Magistrate, for his or her appearance at any such hearing, order the witness to be released from custody, or shall, on the witness failing to furnish such security, order him or her to be detained to be produced at any such hearing.
Procedure for witness testimony - national proceedings
EDIT.