Section 352 — Crimes Act 1961: Refusal of witness to give evidence

352 Refusal of witness to give evidence (1) If any witness, without offering any just excuse, refuses to give evidence when required, or refuses to be sworn, or having been sworn refuses to answer such questions concerning the charge as are put to him, the Court may order that, unless he sooner consents to give evidence or to be sworn or to answer the questions put to him, as the case may be, he be detained in custody for any period not exceeding 7 days, and may issue a warrant for his arrest and detention in accordance with the order. (2) If the person so detained, on being brought up again at the trial, again refuses to give evidence or to be sworn or, having been sworn, to answer the questions put to him, the Court, if it thinks fit, may again direct that the witness be detained in custody for the like period, and so again from time to time until he consents to give evidence or to be sworn or to answer as aforesaid. (3) Nothing in this section limits or affects any power or authority of the Court to punish any witness for contempt of Court. Subsection (3) was substituted, as from 3 June 1998, by section 4 Crimes Amendment Act 1998 (1998 No 35).