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Warrant for apprehension of witness in first instance

Cap. 96, s. 85 · Revised Edition 2020

(1) If a judge is satisfied, by proof upon oath that any person likely to give material evidence, either for the prosecution or for the defence, on the trial of any cause, will not attend to give evidence without being compelled to do so, he may order that, instead of a subpoena being issued, a warrant shall be issued in the first instance for the apprehension of that person. (2) Every person arrested under the warrant shall, if the trial of the cause for which his evidence is required is appointed for a time which is more than twenty-four hours after the arrest, be taken before a judge, and the judge may, on his furnishing security by recognisance, to the satisfaction of the judge, for his appearance at the trial, order him to be released from custody, or shall on his failing to furnish that security order him to be detained for production at the Division 2 Arraignment and Pleas, and Trial
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