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Payment of costs and expenses of witness in indictable cases

Cap. 124, s. 3 · Revised Edition 2020

(1) Subject to subsection (2) of this section, in any case where a person appears in Court as a witness, either on a recognisance or under a subpoena, and gives evidence in the Court against or on behalf of an accused person on the trial of any criminal cause, the Court, or a judge thereof, may order that the witness be paid compensation and travelling expenses in accordance with the rate in the First Schedule appropriate to the case of that witness. (2) The Court, or a judge thereof, may, if satisfied upon oath that for special reasons an allowance under the First Schedule would be inadequate, order that the witness be paid such additional compensation and travelling expenses as the Court or judge considers reasonable. (3) The Court, or a judge thereof, shall have full power to disallow altogether, or to reduce, the amount payable to a witness as compensation or travelling expenses if it or he 6 considers that the conduct of the witness before or at the trial warrants such disallowance or reduction. (4) Where the Court, or a judge thereof, is of opinion that a witness called by an accused person, although not bound over on a recognisance to appear or not appearing under a subpoena, gave material evidence at the trial, it or he may order the payment of such compensation and travelling expenses within the limit of the First Schedule, if a satisfactory reason is given why the witness was not called at the (5) The Court, or a judge thereof, may, on its or his own motion or on the application of the Director of Public Prosecutions, order the payment out of the Consolidated Revenue Fund of any expenses which have been properly and necessarily incurred in connection with the trial of any case, and the Financial Secretary shall give effect to such order.

Amended by: 7 of 1959

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