Criminal Procedure Act, 1967

Deposition as evidence.

[1951, s. 9].

15.—(1) A deposition taken under section 7 or 14 may, subject to subsection (2), be read as evidence at the trial of the accused if it is proved that—

(a) the deponent is dead or unable to attend or prevented from attending to give evidence at the trial, and

(b) the deposition was taken in the presence of the accused, and

(c) an opportunity was given for the cross-examination and re-examination of the deponent.

(2) Except in the case of the deponent's death—

(a) a deposition taken under section 7 on the application of the prosecutor shall not be read unless the accused consents;

(b) a deposition taken under section 14 shall not be read if the trial judge considers that to do so would not be in the interests of justice.