The Magistrates' Courts (Northern Ireland) Order 1981 No. 1675 (NI. 26)

PART X N.I. WITNESSES AND EVIDENCE

[F1 Witnesses: criminal proceedings N.I.

F1 Art. 118-118E and cross-headings substituted (1.1.2012) for art. 118 and preceding cross-heading by Justice Act (Northern Ireland) 2011 c. 24 (NI), ss. 100(1), 111(3) (with s. 106(4), Sch. 6 para. 8); S.R. 2011/370, art. 3(f)

Penalty for witness failing to appear or obey direction of court excluding him N.I.

119.— (1) Any person who—

(a) was duly served with a summons under Article 118 [F2 , 118A or 118D] and who fails, without reasonable excuse, to appear at the time and place appointed by the summons; or

[F3 (aa) disobeys a requirement made by a magistrates' court under Article 118B(1); or]

(b) fails to comply with the provisions of paragraph (2) or with any direction given under it;

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F4 level 4 on the standard scale.

(2) Where in any proceeding before a magistrates' court it appears to the court desirable in the interests of justice so to do, the court may direct that any witness in that proceeding be excluded from the court during the proceeding until he is required for the purpose of giving evidence in that proceeding; and where such direction is given, the witness shall attend on the court and give his evidence when so required.]]

F2 Words in art. 119(1)(a) inserted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 100(2)(a), 111(3) (with s. 106(4), Sch. 6 para. 8); S.R. 2011/370, art. 3(f)

F3 Art. 119(1)(aa) inserted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 100(2)(b), 111(3) (with s. 106(4), Sch. 6 para. 8); S.R. 2011/370, art. 3(f)

F4 1994 NI 15

Modifications etc. (not altering text)

C1 Art. 119 applied by 1972 c. 18, s. 38(4) (as amended) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 54; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

C2 Art. 119 applied (with modifications) by 1972 c. 18, s. 14(3) (as amended) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 37(1); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)