Crime and Disorder Act 1998

Use of depositions as evidence E+W

5 (1) Subject to sub-paragraph (3) below, sub-paragraph (2) below applies where in pursuance of paragraph 4 above a person has his evidence taken as a deposition. E+W

(2) Where this sub-paragraph applies the deposition may without further proof be read as evidence on the trial of the accused, whether for an offence for which he was sent for trial under section 51 [F1 or 51A] of this Act or for any other offence arising out of the same transaction or set of circumstances.

(3) Sub-paragraph (2) above does not apply if—

(a) it is proved that the deposition was not signed by the justice by whom it purports to have been signed;

(b) the court of trial at its discretion orders that sub-paragraph (2) above shall not apply; or

(c) a party to the proceedings objects to sub-paragraph (2) above applying.

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Sch. 3 para. 5(2) inserted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 20(5); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F2 Sch. 3 para. 5(4) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 130, 332, 336(3), Sch. 37 Pt. 6; S.I. 2005/950, art. 2, Sch. 1 paras. 6, 44(3) (with Sch. 2)

Modifications etc. (not altering text)

C1 Sch. 3 para. 5 excluded (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 84(7), 336(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (with Sch. 2)

C2 Sch. 3 para. 5 excluded (4.4.2005) by Criminal Appeal Act 1968 (c. 19), Sch. 2 para. 1(2) (as substituted by Criminal Justice Act 2003 (c. 44), ss. 131, 336(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (with Sch. 2))

Commencement Information

I1 Sch. 3 para. 5 wholly in force; Sch. 3 para. 5 not in force at Royal Assent see s. 121. In force at 30.9.1998 for certain purposes by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); Sch. 3 para. 5 in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); Sch. 3 para. 5 in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (subject to transitional provisions in art. 3)