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Criminal Appeal (Northern Ireland) Act 1980, Cross Heading: Depositions is up to date with all changes known to be in force on or before 16 October 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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2On a retrial ordered under section 6 of this Act, [F1Article 42(1) of the Magistrates’ Courts (Northern Ireland) Order 1981] (reading of depositions) shall not apply to the depositions of any person who gave evidence at the original trial, but a transcript of the shorthand notes 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.
Textual Amendments
F1Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 para. 60
[F2F32ASubject to paragraph 2 above, evidence given orally at the original trial must be given orally at the retrial.]
Textual Amendments
F3Sch. 1 para. 2 and preceding cross-heading substituted (N.I) (18.4.2005) for Sch. 1 para. 2, 2A and preceding cross-heading by The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), arts. 1, 34 (with savings in art. 43); S.R. 2005/242, art. 2
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