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42.(1) Subject to [section 64 of the Children and Young Persons Act (Northern Ireland) 1968], the preliminary investigation of an indictable offence may be conducted by a magistrates' court. [(2) The place in which a magistrates' court is sitting to conduct a preliminary investigation shall be deemed to be an open court except where (a)any statutory provision (within the meaning of section 1 (f) of the Interpretation Act (Northern Ireland) 1954) contains an express provision to the contrary; or (b)it appears to the court that the ends of justice would not be served by sitting in open court for the whole or any part of the investigation.] (3) [Subject to subsection (3A)] the written depositions of witnesses and other evidence at a preliminary investigation shall be given or taken in the presence of the accused; and the accused shall be at liberty to cross-examine any witness for the prosecution. [(3A) The court may allow evidence to be given before it in the absence of the accused if the court considers that by reason of his disorderly conduct before the court it is not practicable for the evidence to be given in the presence of the accused.] (4) After the evidence of witnesses for the prosecution has been taken, the accused may make a statement, give evidence on his own behalf and call witnesses; and the prosecution shall be at liberty to cross-examine any witness for the accused and any accused giving evidence on his own behalf. [(5) Any such statement shall be taken down in writing and may be given in evidence at the trial of the accused without further proof thereof.]
© 1964 Crown Copyright
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