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County Courts (Northern Ireland) Order 1980
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County Courts (Northern Ireland) Order 1980, Cross Heading: Witnesses is up to date with all changes known to be in force on or before 30 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Part V Chapter Ii Crossheading Witnesses:
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.3(5) Sch.1
WitnessesN.I.
Subpoenas and commissions for examination of witnessesN.I.
43.—(1) For the purpose of any proceedings in a county court the High Court shall have the like power—
(a)to issue a subpoena;
(b)to issue a commission, request or order for the examination of witnesses;
as the High Court has for the purpose of any proceedings in that court.
(2) Paragraph (1) shall operate without prejudice to any jurisdiction exercisable by a county court by virtue of Article 14 or any other provision of this Order.
Evidence of prisonersN.I.
44.—(1) Without prejudice to section 16 of the Prison Act (Northern Ireland) 1953 [1953 c.18] , the judge in any proceedings pending in a county court may, if he thinks fit, upon the application of any party in accordance with county court rules, issue an order under his hand for bringing up before the court any person (in this Article referred to as a “prisoner”) confined in any prison or place under any sentence or under commitment for trial or otherwise to be examined as a witnesss in the proceedings.
(2) Subject to paragraph (3), a prisoner shall be brought before the court in the like custody and be dealt with in all respects in the like manner as a prisoner brought before and examined as a witness in the High Court by virtue of a writ of habeas corpus.
(3) A prison governor shall not be bound to obey the order unless there is tendered to him a reasonable sum for the conveyance and maintenance of any proper officers and of the prisoner in going to, remaining at and returning from the court.
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