s.99Binding over of witness conditionally
99
Section 99Part 5 — Procedure for Committal of Accused for Trial before the Grand Court

Binding over of witness conditionally

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Where any person charged before a Summary Court with an offence triable upon indictment before the Grand Court is committed for trial, and it appears to the court after taking into account anything which may be said with reference thereto by the accused or the prosecutor, that the attendance at the trial of any witness who has provided a written statement is unnecessary by reason of anything contained in any statement by the accused person, or of the evidence of the witness being merely of a formal nature, the court shall, if the witness has not already been bound over, bind the witness over to attend the trial conditionally upon notice given to that witness and not otherwise, or shall, if the witness has already been bound over, direct that the witness shall be treated as having been bound over, to attend only conditionally as aforesaid, and shall transmit to the Grand Court a statement in writing of the names, addresses and occupations of the witnesses who are, or who are to be treated as having been bound over to attend the trial conditionally.
Where a witness has been, or is to be treated as having been bound over conditionally to attend the trial, the Director of Public Prosecutions or the person committed for trial may give notice, at any time before the opening of the sessions of the Grand Court, to the Summary Court and at any time thereafter to the Clerk that the Director of Public Prosecutions desires the witness to attend at the trial, and any such court or Clerk to whom any such notice is given shall forthwith notify the witness that the witness is required so to attend in pursuance of the witness's recognisance.
The Summary Court shall, on committing the accused person for trial, inform the accused person of that accused person's right to require the attendance at the trial of any such witness as aforesaid, and of the steps which the accused person must take for the purpose of enforcing such attendance.
Any documents or articles produced in evidence before the Summary Court by any witness whose attendance at the trial is stated to be unnecessary in accordance with this section or the Evidence Act (2021 Revision), and marked as exhibits shall, unless in any particular case the magistrate otherwise orders, be retained by the Summary Court and forwarded with the depositions to the Clerk.

Cross References

  • Section of Evidence Actexternal

    Evidence Act (2021 Revision)

Referenced By