The Magistrates' Courts (Northern Ireland) Order 1981

Witnesses N.I.

Summons to witness or warrant for his arrest N.I.

118.—(1) Where a justice of the peace is satisfied that any person is able to give material evidence or produce any document or thing before a magistrates' court, he may issue a summons directed to such person requiring him to attend before the court at the time and place appointed in the summons to give evidence or to produce the document or thing.

(2) Where a justice of the peace is satisfied by evidence on oath that it is probable that a person[F1 in Northern Ireland] will not attend to give evidence at a preliminary investigation or preliminary inquiry, the complaint being in writing and on oath, he may, instead of issuing a summons to such person under paragraph (1), issue a warrant for his arrest.

(3) Upon failure of any person to attend before a magistrates' court in answer to a summons under paragraph (1), if—

(a) the court is satisfied by evidence on oath that he is likely to be able to give material evidence or produce any document or thing likely to be material evidence in the proceedings; and

(b) it is proved on oath or by affidavit or in such other manner as may be prescribed that such summons was duly served upon such person or that he is evading service and that he is able to give material evidence; and

(c) no just excuse has been shown for such failure to attend;

a justice of the peace may issue a warrant to arrest him and bring him before a magistrates' court to testify and to produce such documents or things as may be required.

(4) Where a person is arrested upon a warrant issued under this Article he shall be brought, as soon as practicable, before a magistrates' court which may, if desirable, discharge such person upon his entering a recognizance to appear before that or any other magistrates' court at the time and place specified in the recognizance and, if necessary, to appear at every time and place to which during the proceedings the hearing may be adjourned.

F1 1990 c. 5

Penalty for witness failing to appear or obey direction of court excluding him N.I.

119.—(1) Any person who—

(a) was duly served with a summons under Article 118 and who fails, without reasonable excuse, to appear at the time and place appointed by the summons; or

(b) fails to comply with the provisions of paragraph (2) or with any direction given under it;

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F2 level 4 on the standard scale].

(2) Where in any proceeding before a magistrates' court it appears to the court desirable in the interests of justice so to do, the court may direct that any witness in that proceeding be excluded from the court during the proceeding until he is required for the purpose of giving evidence in that proceeding; and where such direction is given, the witness shall attend on the court and give his evidence when so required.

F2 1994 NI 15

Refusal of witness to testify N.I.

120.—(1) If any person attending or brought before a magistrates' court refuses without just excuse to be sworn or give evidence, or to produce any document or thing, the court may commit him to custody until the expiration of such period not exceeding one month as may be specified in the warrant or until he sooner gives evidence or produces the document or thing or impose on him a fine not exceeding [F3 £2,500], or both.

(2) Nothing in this Article shall prevent the court from disposing of a case in any manner in which it has power to do so.

[F4 (3) An order under paragraph (1) for the payment of a fine may be enforced as though the fine were a sum adjudged to be paid by a conviction.]

F3 1994 NI 15

F4 1996 NI 24