JUSTICES ACT 1902 - SECT 48 Definitions

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 48

48 Definitions

(1) In this Subdivision, except in so far as the context or subject-matter otherwise indicates or requires:

(a) a reference, in relation to any committal proceedings, to the Justice or Justices is a reference to the Justice or Justices before whom the proceedings are held,

(b) a reference to the defendant includes a reference to the counsel or attorney of the defendant,

(c) a reference to the informant includes a reference to the counsel, attorney or other person who appears on behalf of the informant,

(d) a reference to a proposed exhibit is a reference to a document or other thing identified in a written statement, as referred to in section 48A (2).

(2) Where in any committal proceedings there are 2 or more defendants, the provisions of this Subdivision:

(a) apply in relation to each such defendant to the extent only that a written statement referred to in this Subdivision is sought to be admitted as evidence against that defendant, and

(b) so apply in relation to each such defendant as if that defendant were the only defendant,

and references in this Subdivision to the defendant shall be construed accordingly.

(3) In this Subdivision:

(a) a reference to a written statement includes a reference to the transcript of a recording made by an investigating official of an interview with a child, during which the child was questioned by the investigating official in connection with the investigation of the commission or possible commission of an offence (as referred to in the Evidence (Children) Act 1997 ), and

(b) a reference to the person who made such a written statement is taken to be a reference to the child who gave the interview.