Summoning and privilege of witnesses at subordinate military courts and misconduct of civilians thereat
113.—(1) Every person required to give evidence before a subordinate military court may be summoned or ordered to attend in the prescribed manner.
(2) Every person attending pursuant to such summons or order as a witness before any subordinate military court has, during his or her necessary attendance at such court, and in going to and returning from the court, 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 military law —
(a)
on being duly summoned as a witness before a subordinate military court and after payment or tender of the reasonable expenses of his or her attendance, does not attend; or
(b)
being in attendance as a witness —
(i)
refuses to take an oath legally required by a subordinate military court to be taken;
(ii)
refuses to produce any document in his or her power or control legally required by a subordinate military court to be produced by the person; or
(iii)
refuses to answer any question to which a subordinate military court may legally require an answer,
the president of the subordinate military court may certify the offence of that person under the president’s hand to a Magistrate’s Court.
(4) The Magistrate’s Court may thereupon inquire into such alleged offence, and after examining any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish that person in the like manner as if he or she had committed the offence in a proceeding in that Court.
(5) Where a person not subject to military law when examined on oath or on affirmation before a subordinate military court wilfully gives false evidence, the person 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 military law is guilty of any contempt towards a subordinate military court, by using insulting or threatening language, or by causing any interruption or disturbance in its proceedings, or by printing observations or using words calculated to influence the members of or witnesses before the court, or to bring the court into disrepute, the president of the subordinate military court may certify the offence of that person under the president’s hand to a Magistrate’s Court.
(7) The Magistrate’s Court may thereupon inquire into such alleged offence, and after hearing any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish or take steps for the punishment of that person in the like manner as if he or she had been guilty of contempt of that Court.