JUSTICES ACT 1902 - SECT 70 How evidence to be taken

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 70

70 How evidence to be taken

(1) Every witness shall have the usual oath administered to him or her before he or she is examined.

(2) The prosecutor or complainant may himself or herself or by his or her counsel or attorney, conduct his or her case, and may examine and cross-examine the witnesses giving evidence for or against him or her, and may, if the defendant gives any evidence or examines any witness as to any matter other than as to his or her general character, call and examine witnesses in reply.

(3) The defendant may himself or herself, or by his or her counsel or attorney, make full answer and defence, and may give evidence himself or herself, and may examine and cross-examine the witnesses giving evidence for or against him or her respectively.

(4) The deposition of every witness shall be recorded by means of writing, shorthand, stenotype machine, sound-recording apparatus or such other means as may be prescribed.

(5) Where, for the purposes of subsection (4), the deposition of a witness is recorded by means of writing, it shall be read over either to or by the witness, as the Justice or Justices may direct, and be signed by the witness and by the Justice or Justices.