Generally a person that wants his witness to come to court to give evidence in his favour would approach such witness and talk to him. However in practice especially in criminal trials, witnesses are not always so agreeable when it comes to testifying in court even in cases where they witnessed the incident.
Some witnesses may choose not to come to court so that the other party would not see them as enemies. In a situation where the presence of a witness is required, and he fails to show up, he will be issued a court process to compel him.
There are three methods of securing the attendance of a witness. In this article we would examine the three of them. They include:
1. Witness summons:
This is an order of court issued to a person whose presence is required for purposes of testifying in a matter before the court. A party that wants a witness to appear in court but isn't sure that the witness would willingly come would apply to the registrar of the court.
According to Section 191 of the Criminal Procedure Laws, once a summons is served on a person he is bound to come and testify in court, and failure to do so would be regarded as contempt of court.
This is a document requiring the person to whom it is directed to be present at a specified place and time and for a specific purpose. Where a person fails to testify, he would be issued a penalty under the law.
According to Section 243 of the Administration of Criminal Justice Act where a witness fails to appear in court after being issued a subpoena, the court would issue a warrant for his arrest.
This is usually issued after a witness summons has been disobeyed. According to Section 189 of the Criminal Procedure Laws, it can also be issued at first instance where the court is convinced that the witness will not testify except compelled to do so.
Content created and supplied by: Busayomi (via Opera News )
Opera News is a free to use platform and the views and opinions expressed herein are solely those of the author and do not represent, reflect or express the views of Opera News. Any/all written content and images displayed are provided by the blogger/author, appear herein as submitted by the blogger/author and are unedited by Opera News. Opera News does not consent to nor does it condone the posting of any content that violates the rights (including the copyrights) of any third party, nor content that may malign, inter alia, any religion, ethnic group, organization, gender, company, or individual. Opera News furthermore does not condone the use of our platform for the purposes encouraging/endorsing hate speech, violation of human rights and/or utterances of a defamatory nature. If the content contained herein violates any of your rights, including those of copyright, and/or violates any the above mentioned factors, you are requested to immediately notify us using via the following email address operanews-external(at)opera.com and/or report the article using the available reporting functionality built into our Platform See More