Material Witness Warrants under Section 705 of Criminal Code
Section 705 of the Criminal Code establishes and governs the court’s power to issue a material witness warrant to arrest an individual who has been properly served with a subpoena but does not attend court. In accordance with this provision, the trial judge has discretion to issue a material witness warrant if two pre-conditions have been satisfied: first, that subpoenas have been properly served on the prospective witnesses, and second, that the person is likely to give material evidence. CRIMINAL CODE Section 705 (1) Where a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the court, judge, justice or provincial court judge before whom that person was required to attend may, if it is established (a) that the subpoena has been served in accordance with this Part, and (b) that the person is likely to give mate...