CAP. 75 Criminal Procedure Code [Rev. 2012] Provided that— (i) proceedings before a subordinate court previous to the committal of an accused person for trial or to the determination of the court that the offender is to be put upon his trial shall not be deemed proceedings for the trial of the offence committed by the offender for the purposes of the consent and certificate; (ii) it shall not be necessary to aver in a charge or information that the consent or certificate of the Director of Public Prosecutions required by this section has been given, and the fact of their having been given shall be presumed unless disputed by the accused person at the trial; and the production of a document purporting to be signed by the Director of Public Prosecutions and containing the consent and certificate shall be sufficient evidence for all the purposes of this section of that consent and certificate; (iii) this section shall not prejudice or affect the trial of an act of piracy as defined by the Law of Nations. (2) In this section, “offence” means an act, neglect or default of such a description as would, if committed in England, be punishable on indictment according to the law of England for the time being in force. [Act No. 13 of 1967, First Sch., L.N. 299/1956, L.N. 172/1960, L.N. 474/1963, Act No. 6 of 1989, Second Sch., Act No. 12 of 2012, Sch.] COMPELLING ATTENDANCE OF WITNESSES 144. Summons for witness (1) If it is made to appear that material evidence can be given by or is in the possession of a person who will not voluntarily attend to give it or will not voluntarily produce it, a court having cognizance of a criminal cause or matter may issue a summons to that person requiring his attendance before the court or requiring him to bring and produce to the court for the purpose of evidence all documents and writings in his possession or power which may be specified or otherwise sufficiently described in the summons. (2) Nothing in this section shall affect the provisions of sections 131 and 132 of the Evidence Act (Cap. 80). [Act No. 46 of 1963, s. 183.] 145. Warrant for witness who disobeys summons If, without sufficient excuse, a witness does not appear in obedience to the summons, the court, on proof of the proper service of the summons a reasonable time before, may issue a warrant to bring him before the court at the time and place as shall be therein specified. 146. Warrant for witness in first instance If the court is satisfied by evidence on oath that the person will not attend unless compelled to do so, it may at once issue a warrant for the arrest and production of the witness before the court at a time and place to be therein specified. [Issue 1] C44 - 58

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