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Criminal Appeal Act 1968
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- UK Public General Acts
- 1968 c. 19
- SCHEDULE 2
- Depositions
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This is the original version (as it was originally enacted).
Depositions
1On a retrial, section 13(3) of the [1925 c. 86.] Criminal Justice Act 1925 (reading of depositions) shall not apply to the depositions of any person who gave evidence at the original trial or to any written statement by such a person tendered under section 2 of the [1967 c. 80.] Criminal Justice Act 1967 in the committal proceedings before the original trial; but a transcript of the record of the evidence given by any witness at the original trial may, with the leave of the judge, be read as evidence—
(a)by agreement between the prosecution and the defence ; or
(b)if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or to secure his attendance have been made without success,
and in either case may be so read without further proof, if verified in accordance with rules of court.
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