Criminal Code (Cap. 9), article 441

441. (1) Witnesses shall be summoned by means of a subpoena which shall be served on each w itness not later than the day preceding the trial: Provided that in the case referred to in sub-article (5) of the last preceding article, a witn ess may be summoned to appear forthwith or at a given t ime during the same day. Service of subpoena. (2) A subpoena is served by the delivery of a copy thereof to the witness, or if he cannot conveniently be met with, then by leaving such copy at his usual place of abode. (3) If the place of abode of the w itness is in the Island of Goz o or of Comino, the Registrar of Courts may send, even by post, t he copy of the subpoena to the officer in charge of the Court of Magistrates (Gozo), for service on the witness; and the officer effecting service, shall deliver a certificate of such service, duly sworn, to the officer in charge of the Court of Magistrates (Go zo), who shall transmit it, even by post, to the Registrar of Courts . Non- appearance, etc., of witnesses. (4) Whosoever being duly subpoenaed to give evidence or to give his opinion as an expert shall fail to appear in court at the time fixed in the subpoena, or, having appeared, shall leave before he is dismissed, shall be liable to be sentenced by the court to a fi ne (ammenda ) and shall be liable to be compelled to appear to give evidence by means of a warra nt of escort or of arrest. (5) If, on account of the non-appearance of a witness, the trial is adjourned to another day, all the expenses incurred shall be 294 CAP . 9.] CRIMINAL CODE charged to the witness, and it shall be lawful for the court, a t the request of the Attorney General or the accused, to compel such witness to pay the same: Provided that it shall be in the power of the court, at any time, on just cause being shown, to remit the fine ( ammenda ) and also the expenses. Power of court to discharge jury. (6) It shall be in the power of the court, if it is of opinion t hat the evidence of the w itness, who left before he had been dismis sed, is important for the ends of justice, to discharge the jury and adjourn the trial to another day. Allowances to witnesses on behalf of accused admitted to free legal aid. Amended by: XXI.1971.27.