MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 50 Power to take deposition of dying person.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 50

Power to take deposition of dying person.

50.(1) The deposition of a witness whose attendance is stated to be
unnecessary under section 44(2) or the deposition taken at the preliminary
investigation of a witness who is proved at the trial to be dead or insane, or
so ill as to be unable to travel or to be kept out of the way by the
procurement of the accused or on his behalf, may, subject to this section, be
read at the court of trial provided

(a)it is proved, either by the oath of a credible witness or by a certificate
purporting to be signed by the resident magistrate or other justice of the
peace before whom the deposition purports to have been taken or by the
clerk of petty sessions, that the deposition was taken in the presence of the
accused and that the accused or his counsel or solicitor (or in the case of a
witness called by the accused, the prosecutor or his counsel or solicitor) had
an opportunity of cross-examining the witness;

(b)the deposition purports to be signed by the resident magistrate or other
justice of the peace before whom it purports to be taken; and

(c)in the case of a witness conditionally bound over to attend the trial under
section 44 no notice has been served upon him requiring his attendance.

(2) Subsection (1) shall not have effect if it is proved that the deposition,
or, where the proof required by paragraph (a) of that subsection is given by
means of a certificate, that the certificate, was not in fact signed by the
magistrate or clerk of petty sessions by whom it purports to have been signed.

(3) Where notice is given requesting the attendance of a witness conditionally
bound over under section 44 at the court of trial and such notice is given so
late as to make such attendance impracticable the judge of that court may,
unless he is satisfied that such attendance is essential in the interests of
justice, disallow the notice and authorise the reading of the deposition of
that witness at the trial of an accused.

Subs.(4) rep. by 1969 c.15 (NI) s.4(2) sch.

(5) The deposition of a dying person taken and purporting to be signed in
accordance with section 49 may be read ... at the court of trial if it is
proved that

(a)the dying person has since died or is unable to travel or give evidence;
and

(b)reasonable notice of the intention to take the deposition was served upon
the person (whether prosecutor or accused) against whom it is proposed to be
given in evidence and that he or his counsel or solicitor had or might have
had, if he had chosen to be present, an opportunity of cross-examining the
dying person making the deposition.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/mcai1964392/s50.html

Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 50