Criminal Procedure Act, 1967

Further power to take depositions.

14.—(1) Where, on the application of the prosecutor or an accused person, a justice of the District Court is of opinion that a prospective witness may be unable to attend or be prevented from attending to give evidence at the trial of the accused and that it is necessary in the interests of justice to take his evidence by way of sworn deposition, he may order accordingly.

(2) The deposition shall be taken in the presence of a justice of the District Court and of the accused. It shall be taken down in writing, read over to the deponent and signed by him and by the justice.

(3) Before the deposition is taken, the justice shall inform the accused of the circumstances in which it may be read as evidence at his trial.

(4) The deponent may be cross-examined and re-examined on his evidence.

(5) The justice shall have the same powers for enforcing compliance with this section by a prospective witness and for securing the attendance of the accused as the District Court has in relation to witnesses in criminal proceedings.

(6) Where the accused has been sent forward for trial the right of application given to the prosecutor by subsection (1) shall be exercisable by, and only by, the Attorney General.