s.441Depositions of persons abroad admissible
441
Section 441Part 18LEGAL PROCEEDINGS

Depositions of persons abroad admissible

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If the evidence of any person is required in the course of any legal proceeding before a judge or magistrate in relation to the subject matter of the proceedings and it is proved that that person cannot be found in the Islands, any deposition that person may have previously made at a place outside the Islands in relation to the same subject matter shall, subject to subsection (2), be admissible in evidence in those proceedings.
No proof need be given of the signature or official character of the person appearing to have signed any such deposition and, in any criminal proceedings, a certificate stating that the deposition was taken in the presence of the accused shall, unless the contrary is proved, be evidence of that fact.
This section also applies to proceedings before a person authorised by law or consent of the parties to receive evidence.
Nothing in this section affects the admissibility in evidence of depositions under any other enactment or the practice of the Court.

Defined Terms

deposition