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.