(1)  A deposition taken in any proceeding under Part VII of the Justices Act 1959 may be produced and given in evidence at the trial of the person for or against whom it was taken if –

(a) the witness –

(i) is proved, to the satisfaction of the Supreme Court, to be dead, out of this State, insane, or so ill as not to be able to travel although there may be a prospect of recovery; or

(ii) is kept out of the way by the person accused; and

(b) the court is satisfied that the deposition was given before justices or received as evidence by justices.

(2)  If there is a prospect of the recovery of a witness proved to be too ill to travel, the court is not obliged to receive the deposition, but may postpone the trial and discharge the jury.

(3)  The deposition of a witness taken before a coroner may be produced and given in evidence at the trial of any person who was present during the examination of the witness.

Note: This section does not appear in the Evidence Act 1995 of the Commonwealth.