Part I Criminal Jurisdiction and Procedure

Committal proceedings

4 General nature of committal proceedings.

1

The functions of examining justices may be discharged by a single justice.

2

Examining justices shall sit in open court except where any enactment contains an express provision to the contrary and except where it appears to them as respects the whole or any part of committal proceedings that the ends of justice would not be served by their sitting in open court.

F13

Subject to subsection (4) below, evidence tendered before examining justices shall be tendered in the presence of the accused.

4

Examining justices may allow evidence to be F2tendered before them in the absence of the accused if—

a

they consider that by reason of his disorderly conduct before them it is not practicable for the evidence to be F2 tendered in his presence, or

b

he cannot be present for reasons of health but is represented by F3 a legal representative and has consented to the evidence being F2tendered in his absence.