Tasmanian Consolidated Acts

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CRIMINAL PROCEDURE (ATTENDANCE OF WITNESSES) ACT 1996 - SECT 17

Expenses of witnesses
(1)  Unless otherwise ordered by the Court, the following people are entitled to be paid expenses in accordance with this section:
(a) any person who gives evidence in a criminal proceeding at the request of the prosecution;
(b) any person whom a Crown Law officer certifies as having attended at any place at the request of the prosecution to give such evidence.
(2)  The Court may order the payment of expenses to any person who attends at any place for the purpose of giving evidence in a criminal proceeding.
(3)  The amount of expenses payable to a person under this section is to be ascertained by the Registrar in accordance with the prescribed scale.
(4)  On production of a certificate from the examining justices before whom an accused person has been charged with an indictable offence that –
(a) a person who has given evidence before them against the accused person; or
(b) a person bound by recognisance to appear and give evidence for the accused person upon his trial –
is entitled to payment of the expenses (calculated in accordance with the prescribed scale) specified in the certificate, that person is entitled, subject to subsections (5) and (6) , to receive the amount mentioned in the certificate in addition to the amount, if any, to which he or she may be entitled under subsection (1) or (2) .
(5)  If, in a criminal proceeding –
(a) the Court has reason to believe that any such person has attempted to evade service of the final notice or has failed to appear in obedience to the notice or in pursuance of his or her recognisance; or
(b) the conduct or demeanour of any such person before the Court is in the opinion of the Court unsatisfactory or improper –
the Court may order that that person is to be deprived of all or any of the amount payable to him or her under this section.
(6)  If the Court is of opinion that the amount certified by the examining justices to be payable under subsection (4) to a person is excessive, the Court may order the payment of such reduced amount as it thinks fit.
(7)  An amount payable under this section is to be paid by the Registrar to the person entitled or to another person on his or her written order out of money provided by Parliament for that purpose.
(8)  A witness is not entitled to expenses for attending before the examining justices unless he or she produces to the Registrar a certificate under subsection (4) .



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