Western Australian Current Acts Western Australian Current Acts (1) On the application
of a party to a case, a prescribed court officer may —
(a)
issue one or both of the following to an individual (the witness ) —
(i)
a witness summons that requires the witness to attend the
court to give oral evidence in the case;
(ii)
a witness summons that requires the witness to attend the
court and produce to the court a record or thing that is relevant to the case;
(b)
issue to a corporation (the witness ) a witness summons that requires the
witness to produce to the court a record or thing that is relevant to the
case.
(2) On the application
of a party to a case in a court of summary jurisdiction, a magistrate of the
court may issue an arrest warrant for an individual (the witness ) who may be
able to give oral evidence, or to produce a record or thing, that is relevant
to the case.
(3) On the application
of a party to a case in a superior court, a judge of the court may issue an
arrest warrant for an individual (the witness ) who may be able to give oral
evidence, or to produce a record or thing, that is relevant to the case.
(4) On an application
made under subsection (2) or (3) for an arrest warrant the magistrate or judge
must refuse to issue the warrant unless satisfied by evidence on oath or
affirmation that —
(a) the
witness is likely to be able to give oral evidence, or to produce a record or
thing, that is relevant to the case; and
(b)
there are reasonable grounds to suspect that the witness would not obey a
witness summons if served with it.
(5) A witness summons
issued under subsection (1)(a)(ii) or (b) may require the witness to produce
the record or thing concerned to the court on a date before the date of the
trial of the case so that the applicant may inspect it before the trial.
(6) Section 184
applies to and in relation to a prescribed court officer’s decision made
under subsection (1) to refuse to issue a witness summons.
(7) If under
section 184 the court sets aside the officer’s decision, it may issue a
witness summons to the witness concerned.