CHAPTER THREE
Procedure
PART VI
INDICTABLE TRIALS
SUB-PART A
THE TRIAL
Plea of Autrefois Acquit or Autrefois Convict or Pardon
Order to bring up inmate witness
900. The provisions of section 783 apply, mutatis mutandis, for securing the attendance of the person confined in any correctional facility in this State, who is required to give evidence for the purpose of the trial.
Summons to witness
901. The Registrar shall issue summonses for witnesses to attend at a trial of offences in the High Court.
Service of summons to witness
902. The provisions of sections 786, 787 and 788 apply, mutatis mutandis, to the service and proof of service of summons on a witness to attend at a trial of offences in the High Court.
Court to order prosecution to call witness
903.— (1) If the Judge is of opinion that any witness who is not called for the prosecution ought to be called, he or she may require the prosecutor to call such witness, and if the witness does not attend, the Judge may make an order that his or her attendance be procured, and the Court may, if it thinks fit adjourn the further hearing of the case to some other time during the sittings.
(2) If, in such a case, the Judge is of opinion that it would be conducive to the ends of justice so to do, it may, upon the application of the accused, discharge the jury and postpone the trial.
Court to dispense with production of medical or other witness
904.— (1) Without prejudice to any other provision, the Judge may dispense with the production of a Government medical officer or other person as a witness at a criminal trial in the High Court, if in the opinion of the Judge that the evidence of such witness is merely formal, or is not really material to the guilt or innocence of the accused, or that the trial, without injustice to the accused, can proceed without such witness being called.
(2) In such a case the Judge may allow the deposition of such witness taken at the preliminary inquiry to be read at the trial.
Witness for prosecution not previously examined
905. If the Judge is of the opinion that the accused person is taken by surprise, in a manner likely to be prejudicial to his or her defence, by the production on behalf of the prosecution of a witness who did not give any deposition, or of whom the prosecutor has not given sufficient notice to the accused of his or her intention to produce, the Court may, on the application of the accused, adjourn the further hearing of the case, or discharge the jury from giving a verdict, and postpone the trial.
Witnesses to be outside Courtroom
906. The Judge may at any time during the trial order every person who is to be called as a witness, other than the accused himself or her-self, to leave the Courtroom and remain outside in the precincts of the Court until he or she is called.
Refractory witness
907.— (1) When —
(a) it is proved to the satisfaction of the Judge that the summons was served on any witness who has failed to attend or remain in attendance;
(b) any witness who at the preliminary inquiry has entered into a recognizance to appear at the trial has failed to appear,
and that the presence of such witness is material in the interest of justice, the Judge may, by warrant, cause such witness to be arrested and forth¬with brought before him or her to give evidence and to answer for his or her disregard of the summons.
(2) The Judge may detain such witness before the Court or in the correctional facility or lock-up, in order to secure his or her presence as a witness, or may release him or her on a recognizance with or without sureties as a condition for his or her appearance to give evidence and to answer for his or her default in not attending or not remaining in attendance at the trial.
(3) The Court may, in a summary manner, inquire into and dispose of the charge against the witness, who, if convicted of the charge, is liable to a fine not exceeding five hundred dollars, or to imprisonment for a term not exceeding three months or to both, and the recognizance of such witness and his or her sureties, if any, entered into at the preliminary inquiry shall be forfeited.
Procedure for witness testimony - national proceedings
EDIT.