Section 368 — Crimes Act 1961: Adjourning trial for witnesses

368 Adjourning trial for witnesses (1) If the Court is of opinion that the accused is taken by surprise, in a manner likely to be prejudicial to his defence, by the production on behalf of the prosecutor of a witness who has not made any deposition, and of the intention to produce whom the accused has not had sufficient notice, the Court may, on the application of the accused, either adjourn the further hearing of the case or discharge the jury from giving a verdict, and postpone the trial. (2) If the Court is of opinion that any witness who is not called for the prosecution ought to be so called, it may require the prosecutor to call him, and, if the witness is not in attendance, make an order that his attendance shall be procured; and the Court may, if it thinks proper, adjourn the further hearing of the case to some other time during the sittings until that witness attends. (3) If in such case the Court is of opinion that it would be conducive to the ends of justice to do so, it may, on the application of the accused, discharge the jury and postpone the trial. Compare: 1908 No 32 s 425