Criminal Procedure Act 2011

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Dealing with witnesses at the court

165 Witness refusing to give evidence may be imprisoned

(1)

At any hearing any person present in court who could have been compelled to give evidence for the party seeking to call the person as a witness may be required to give evidence, whether that person has been summoned to give evidence or not.

(2)

Subsection (3) applies if a person—

(a)

without offering any just excuse refuses to give evidence when required; or

(b)

refuses to be sworn; or

(c)

having been sworn refuses to answer any questions concerning the charges that are put to him or her.

(3)

If this subsection applies, the court may—

(a)

order that, unless he or she consents to give evidence or to be sworn or to answer the questions put to him or her, as the case may be, he or she be detained in custody for any period not exceeding 7 days; and

(b)

issue a warrant for his or her arrest and detention in accordance with the order.

(4)

If the person is under the age of 20 years, the warrant issued under subsection (3)(b) may direct that the person be detained in the custody of the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989.

(5)

Subsection (6) applies if a person detained under subsection (3), on being brought up at the adjourned hearing, again refuses to give evidence or to be sworn or, having been sworn, to answer the questions put to him or her.

(6)

If this subsection applies, the court, if it thinks fit, may again direct the witness to be detained in custody for the period referred to in subsection (3), until he or she consents to give evidence or to be sworn or to answer as described in subsection (2).

(7)

The power in subsection (6) may be exercised more than once.

(8)

Nothing in this section limits or affects any power or authority of the court to punish any witness for contempt of court.

Compare: 1957 No 87 s 39; 1961 No 43 s 352

Section 165(4): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).