Difference between revisions of "Practice Recommendations on Criminal Law for Law Students (1:XIII)"

At this point in time, the accused may ask what would happen if the complainant does not attend court to testify, even if summoned. Inform the accused that if the key witness does not attend at court, Crown may stay the charges against the client. '''If a Crown witness wishes not to attend to testify, they should obtain independent legal advice.''' If any witness has been summoned and fails to attend to a summons, they can be arrested and even jailed. In addition, '''the accused should be advised that if they tell a witness not to attend court to testify, they would be committing the criminal offence of obstructing justice''' (''Criminal Code'', s 139).