Part IIE+W Jurisdiction and Procedure

Indictable Offences generallyE+W

13†Binding over of witnesses conditionally and reading of depositions at trial.E+W

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3)Where any person has been committed for trial for any offence, the deposition of any person taken before the examining justices may, if the conditions hereinafter set out are satisfied, without further proof be read as evidence on the trial of that person, whether for that offence or for any other offence arising out of the same transaction, or set of circumstances, as that offence.

The conditions hereinbefore referred to are the following:—

(a)The deposition must be the deposition either of a witness [F2in respect of whom a conditional witness order, or an order treated as a conditional witness order, has been made under section 1 of the M1Criminal Procedure (Attendance of Witnesses) Act 1965], or of a witness who is proved at the trial by the oath of a credible witness to be dead or insane, or so ill as not to be able to travel, or to be kept out of the way by means of the procurement of the accused or on his behalf:

(b)It must be proved at the trial, either by a certificate purporting to be signed by the justice before whom the deposition purports to have been taken or by the clerk to the examining justices, or by the oath of a credible witness, that the deposition was taken in the presence of the accused and that the accused or his counsel or solicitor had full opportunity of cross–examining the witness:

(c)The deposition must purport to be signed by the justice before whom it purports to have been taken:

Provided that the provisions of this subsection shall not have effect in any case in which it is proved—

(i)That the deposition, or, where the proof required by paragraph (b) of this subsection is given by means of a certificate, that the certificate, was not in fact signed by the justice by whom it purports to have been signed or;

(ii)Where the deposition is the deposition of a witness [F2in respect of whom such an order as aforesaid has been made] that the witness has been duly notified that he is required to attend the trial.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

Modifications etc. (not altering text)

C1Unreliable marginal note

Marginal Citations