JUSTICES ACT 1886 - SECT 111
Depositions of persons dead, absent etc.
JUSTICES ACT 1886 - SECT 111
Depositions of persons dead, absent etc.
111 Depositions of persons dead, absent etc.
(1) When a defendant has been committed by justices to be tried for any
indictable offence, the deposition of any person taken before justices, or the
transcription of the record of evidence given by any person before justices
where the evidence is recorded under the Recording of Evidence Act 1962, with
respect to the transaction or set of circumstances out of which has arisen the
charge on which the defendant has been committed to be tried may, if the
conditions mentioned in subsection (3) are satisfied in the case of the
deposition and if the conditions mentioned in subsection (3) (a) and (b) are
satisfied in the case of the transcription, without further proof be read as
evidence on the trial of that person, whether for the offence for which the
person has been committed for trial or for any other offence for which an
indictment shall be presented, arising out of the same transaction or set of
circumstances as the offence for which the person has been committed for
trial, and whether or not combined with other circumstances.
(2) Moreover,
when any person has been charged before justices with an indictable offence of
a sexual nature alleged to have been committed on a child under the age of 12
years, and has been committed for trial, the deposition of such child or of
any other child under the age of 12 years, or the transcription of the record
of the evidence or statement given or made by such child or of any other child
under the age of 12 years where the evidence or statement is recorded under
the Recording of Evidence Act 1962, may, in the discretion of the judge of
trial and if the conditions mentioned in subsection (3) (b) and (c) are
satisfied in the case of the deposition and if the condition mentioned in
subsection (3) (b) is satisfied in the case of the transcription, without
further proof be read as evidence on the trial of that person, whether for the
offence for which the person has been committed for trial or for any
other offence for which an indictment shall be presented, arising out of the
same transaction or set of circumstances as the offence for which the person
has been committed for trial, and whether or not combined with other
circumstances.
(3) The conditions mentioned in subsections (1) and (2) are
the following—
(a) the deposition or the transcription of the record of
evidence must be the deposition or the transcription of the record of evidence
either of a witness whose attendance at the trial is not required by the
accused person, in accordance with the provisions of the
Criminal Law Amendment Act 1892, section 4and which accused person has duly
signed the statement in the manner provided by the said section 4and the
schedule to that Act, 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 the accused’s behalf;
(b) it must be proved at the trial,
either by a certificate purporting to be signed by the justices before whom
the deposition purports to have been taken or before whom the evidence or
statement was given or made or by the clerk of the court or any person acting
as such, or by the oath of a credible witness, that the deposition was taken
or the evidence or statement was given or made in the presence of the accused
unless the accused was excluded from the proceeding whereat such deposition
was taken or such evidence or statement was given or made pursuant to the
provisions of section 40or, where the deposition, evidence or statement was
taken, given or made in a case where and at a time when the accused was not
required to be present in person, that the same was taken, given or made in
the presence of the accused’s lawyer and that the accused or the accused’s
lawyer had the full opportunity of cross-examining the witness;
(c) the
deposition must purport to be signed by the justices before whom it purports
to have been taken.
(4) However, the provisions of this section shall not
have effect in any case in which it is proved that the deposition, or, where
the proof required by subsection (3) (b) is given by means of a certificate,
that the certificate was not in fact signed by the justices or clerk of the
court or person acting as such by whom it purports to have been signed.