Section 135Part 6 — Procedure in Trials before the Grand Court
Depositions may be read in certain cases
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Where any person has been committed for trial for any offence, the deposition of any person taken before the committing court may, if the conditions hereinafter set out are satisfied, without further proof be read as evidence on the trial of that person whether for that offence or for any other offence arising out of the same transaction, or set of circumstances, as that offence. The conditions hereinafter referred to are the following —
the deposition must be the deposition either —
of a witness whose attendance at the trial is stated to be unnecessary in accordance with section 99;
of a witness who is proved at the trial, by the oath of a credible witness, to be dead, insane, absent from the Islands, so ill as not to be able to travel or otherwise incapable of giving evidence;
of a witness who is proved to the satisfaction of the court, by evidence on oath, to be kept away by means of the procurement of the accused or on the accused's behalf; or
under the Evidence Act (2021 Revision); and
the deposition must purport to be signed by the magistrate before whom it purports to have been taken:
Cross References
- Section 99 of Criminal Procedure Code
witness attendance stated unnecessary
- Section of Evidence Actexternal
evidence provisions