Cap. 9 Art. 441Summoning of witnesses.

(1) Witnesses shall be summoned by means of a subpoena which shall be served on each witness 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 witness may be summoned to appear forthwith or at a given time during the same day.

(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 witness is in the Island of Gozo or of Comino, the Registrar of Courts may send, even by post, the 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 (Gozo), who shall transmit it, even by post, to the Registrar of Courts.

(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 fine (ammenda) and shall be liable to be compelled to appear to give evidence by means of a warrant 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 charged to the witness, and it shall be lawful for the court, at 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.

(6) It shall be in the power of the court, if it is of opinion that the evidence of the witness, who left before he had been dismissed, is important for the ends of justice, to discharge the jury and adjourn the trial to another day.