Modifications etc. (not altering text)
C1Pt. II (ss. 282–457) extended with modifications by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 60(5)
(1)If a witness in a summary prosecution shall wilfully fail to attend after being duly cited, or unlawfully refuse to be sworn, or after the oath has been administered to him refuse to answer any question which the court may allow, or to produce documents in his possession when required by the court, or shall prevaricate in his evidence, he shall be deemed guilty of contempt of court and be liable to be summarily punished forthwith for such contempt by a fine not exceeding [F1level 3 on the standard scale] or by imprisonment for any period not exceeding [F221 days].
(2)Where such punishment as aforesaid is summarily imposed, the clerk of court shall enter in the record of the proceedings the acts constituting the contempt or the statements forming the prevarication.
(3)The foregoing provisions of this section shall be without prejudice to the prosecutor proceeding by way of formal complaint for any such contempt where such summary punishment, as above mentioned, is not imposed.
(4)Any witness who, after being duly cited in accordance with section 315 of this Act—
(a)fails without reasonable excuse, after receiving at least [F348] hours’ notice, to attend for precognition by a prosecutor at the time and place mentioned in the citation served on him, or
(b)refuses when so cited to give information within his knowledge regarding any matter relative to the commission of the offence in relation to which such precognition is taken,
shall be liable to the like punishment as is provided in the foregoing provisions of this section.
Textual Amendments
F1S. 338(d) repealed by Bail etc. (Scotland) Act 1980 (c. 4), Sch. 2
F2Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62), s. 46(1)(c), Sch. 6 para. 1
F3Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 6 para. 1, Sch. 7 para. 55