Section 43 — Senior Courts Act 2016: Refusal to give evidence

43 Refusal to give evidence (1) This section applies to a witness in a civil proceeding who, without reasonable excuse,— (a) refuses to give evidence when required; or (b) refuses to produce a document the witness has been required to produce; or (c) refuses to be sworn; or (d) having been sworn, refuses to answer a question. (2) The High Court may order that, unless the witness complies with subsection (1), the witness is to be detained in custody for a period not exceeding 7 days and may issue a warrant to arrest and detain the witness. (3) The High Court may exercise the powers in subsection (2) if the witness is again brought before the court, whether on 1 or more occasions, and still fails to comply with subsection (1). (4) This section does not limit the power of the High Court to punish the witness for contempt. Compare: 1908 No 89 s 56B