New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 229

229 Action that may be taken if person does not comply with subpoena

(1) A party who requested, or issued, a subpoena may apply to the court for the issue of a warrant under Part 4 for the arrest of the person named if the person named has not complied with the subpoena.

(2) The court may issue the warrant if satisfied that--

(a) the person named has not complied with the subpoena, and

(b) the requirements of this Part for subpoenas were complied with and no just or reasonable excuse has been offered for the failure to comply.

(3) A Magistrate or an authorised officer before whom a person is brought on arrest on a warrant issued under this section may, if bail is not dispensed with or granted, issue a warrant--

(a) committing the person to a correctional centre or other place of security, and

(b) ordering the person to be brought before a court at the date, time and place specified in the order.

(4) The Magistrate or authorised officer must give notice of the date, time and place set to the party who issued or requested the subpoena.

Note--: Division 2 of Part 4 sets out procedures for arrest warrants generally.