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907.   Refractory witness

Revised Laws of Saint Lucia (2021)

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907.   Refractory witness

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    (1)   When—

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      (a)     it is proved to the satisfaction of the judge that the summons was served on any witness who has failed to attend or remain in attendance;

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      (b)     any witness who at the preliminary inquiry has entered into a recognizance to appear at the trial has failed to appear, and that the presence of such witness is material in the interest of justice, the judge may, by warrant, cause such witness to be arrested and forthwith brought before him or her to give evidence and to answer for his or her disregard of the summons.

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    (2)   The judge may detain such witness before the Court or in the correctional facility or lock-up, in order to secure his or her presence as a witness, or may release him or her on a recognizance with or without sureties as a condition for his or her appearance to give evidence and to answer for his or her default in not attending or not remaining in attendance at the trial.

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    (3)   The Court may, in a summary manner, inquire into and dispose of the charge against the witness, who, if convicted of the charge, is liable to a fine not exceeding $500, or to imprisonment for a term not exceeding 3 months or to both, and the recognizance of such witness and his or her sureties, if any, entered into at the preliminary inquiry shall be forfeited.

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