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Summoning and privilege of witnesses at board of inquiry and misconduct of civilian thereat

Civil Defence Act 1986

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—(1) Every person required to give evidence before a board of inquiry may be summoned or ordered to attend the proceedings of the board.(2) Every person attending pursuant to such summons or order as a witness before any board has, during the person’s necessary attendance at such inquiry and in going to and returning from the same, the same privilege from arrest as he or she would have if he or she were a witness before a civil court.(3) Where any person who is not subject to this Act —(a)on being duly summoned as a witness before a board of inquiry and after payment or tender of the reasonable expenses of the person’s attendance, makes default in attending; or(b)being in attendance as a witness —(i)refuses to take an oath lawfully required by the board to be taken;(ii)refuses to produce any document in the person’s power or control lawfully required by the board to be produced by him or her; or(iii)refuses to answer any question to which a board may lawfully require an answer,the chairperson of the board may certify the offence of the person under the hand of the chairperson to a Magistrate’s Court and that Court may thereupon inquire into the alleged offence.(4) After examining any witness that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, the Magistrate’s Court may, if it seems just, punish the person in the like manner as if he or she had committed the offence in a proceeding in the Court.(5) Where a person not subject to this Act when examined on oath or on affirmation before a board of inquiry wilfully gives false evidence, he or she shall be guilty of an offence and shall be liable on conviction before a competent court to be punished for the offence of giving false evidence in a judicial proceeding.(6) Where a person not subject to this Act is guilty of any contempt towards a board of inquiry —(a)by using insulting or threatening language;(b)by causing any interruption or disturbance in its proceedings; or(c)by printing observations or using words calculated to influence the members of or witnesses before the board or to bring the board into disrepute,the chairperson of the board may certify the offence of the person under the hand of the chairperson to a Magistrate’s Court.(7) The Magistrate’s Court may thereupon inquire into the alleged offence as specified in subsection (6), and after hearing —(a)any witness that may be produced against or on behalf of the person so accused; and(b)any statement that may be offered in defence,if it seems just, punish or take steps for the punishment of the person in the like manner as if he or she had been guilty of contempt of that Court.

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