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Courts (Witness Summons) Act

Commencement: 17 September 1965

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 35

COURTS (WITNESS SUMMONS)

JR 31 of 1964

ARRANGEMENT OF SECTIONS

SECTION

1. Interpretation

2. Witness summons

3. Procedure
4. Service of witness summons

5. Failure to obey witness summons

6. False evidence
7. Obstructing officers of the court
8. Contempt of court
9. Where offences triable

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COURTS (WITNESS SUMMONS)

To make provision for compulsory attendance in courts and to prescribe penalties for contempt thereof and to prescribe penalties for false evidence in all courts.

INTERPRETATION

1. In this Act the expression "judge" includes any person exercising a judicial function.
   

WITNESS SUMMONS

2. Where any matter, whether civil or criminal, is pending before a court it shall be lawful for a summons to be issued addressed to any person requiring his attendance to give evidence, or requiring him to produce to such court for the purpose of evidence any document or thing in his possession or procurement which may be specified or sufficiently described in the summons.
   

PROCEDURE

3. A witness summons shall be served in accordance with the procedure described in the court in which the attendance of the witness is required.
   

SERVICE OF WITNESS SUMMONS

4. A witness summons shall be accompanied by a translation thereof and shall be served in accordance with the procedure of the issuing authority.
   

FAILURE TO OBEY WITNESS SUMMONS

5. Any person who, having been duly served with a witness summons shall without due cause fail to appear in answer thereto, or having appeared refuses to give evidence or produce what is required shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT10,000 and on a second or subsequent conviction to a fine not exceeding VT20,000:
   

Provided always that no witness shall be compelled to disclose anything or produce any document or thing in circumstances in which he might plead privilege from so doing.

FALSE EVIDENCE

6. (1) Any person who, in a judicial proceeding, having been sworn or affirmed according to the law, makes a statement material to the proceeding which he knows to be false or does not believe to be true shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT200,000 or to a term of imprisonment not exceeding 5 years or to both such fine and imprisonment.
   

(2) For the purpose of this Act the expression "judicial proceeding" includes a proceeding before any court, tribunal or person having the legal power to hear, receive or examine evidence on oath.

OBSTRUCTING OFFICERS OF THE COURT

7. Any person who wilfully obstructs any officer of a court in the exercise or on the occasion of the exercise by him of his duties shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT30,000 or to a term of imprisonment not exceeding 1 month or both such fine and imprisonment.
   

CONTEMPT OF COURT

8. Any person who-
   
   • (a) commits any contempt in the face of a court;
     
   • (b) publishes any matter scandalising a court; or
     

(c) does any act or publishes anything calculated to interfere with the due course of justice or the lawful process of a court;

shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT30,000 or to a term of imprisonment not exceeding 1 month or both such fine and imprisonment.

WHERE OFFENCES TRIABLE

9. Any offence contrary to the provisions of this Act shall be prosecuted before a court of first instance:
   

Provided that nothing in the Act shall prejudice the right of other courts to deal with offences committed in it by persons justiciable by it.

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