Australian Capital Territory Current Acts

MAGISTRATES COURT ACT 1930 - SECT 63

    (1)     The court may issue a warrant for the arrest of a person who is a witness in a hearing if the person—

        (a)     was informed of the time and place of the hearing; and

        (b)     was required to attend to give evidence at the hearing in accordance with—

              (i)     a subpoena served on the person; or

              (ii)     an order of the court; or

              (iii)     an undertaking given to the court by the person; and

        (c)     failed to attend the hearing as required; and

        (d)     did not provide the court with a reasonable explanation for not attending.

    (2)     A warrant must not be issued under subsection (1) unless—

        (a)     the court is satisfied that the party calling the person as a witness in the proceeding has taken reasonably practicable steps to contact the person; and

        (b)     it is in the interests of justice to issue the warrant.

    (3)     In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following:

        (a)     the importance of the evidence the person is expected to give;

        (b)     whether the evidence could be obtained by other means;

        (c)     the nature of the matter being heard;

        (d)     the degree of urgency to resolve the matter;

        (e)     the likelihood that the issue of a warrant would secure the person's attendance at the hearing;

        (f)     if the court has been contacted by the person, or the party calling the person as a witness in the proceeding has contacted the person—

              (i)     the reason (if any) given by the person for not attending as required; and

              (ii)     the impact of using a warrant for the arrest of the person.