Criminal Procedure Act, 1967

Preliminary examination.

7.—(1) The justice shall consider the documents and exhibits, any deposition or statement taken in accordance with this section and any submissions that may be made by or on behalf of the prosecutor or the accused.

(2) The prosecutor and the accused shall each be entitled to give evidence on sworn deposition and also to require the attendance before the justice of any person, whether included in the supplied list of witnesses or not, and to examine him by way of sworn deposition.

(3) A witness under subsection (2) may be cross-examined and re-examined on his evidence. His deposition shall be taken down in writing, read over to him and signed by him and by the justice.

(4) (a) The justice shall ask the accused if he has anything to say in answer to the charge. The justice shall caution the accused that he is not obliged to say anything unless he wishes to do so and that whatever he does say will be taken down in writing and, if he is sent forward for trial, may be given in evidence at his trial.

(b) Whatever the accused says in answer to the justice's question and caution shall be taken down in writing and read over to him and shall be signed by the justice.

(c) The accused's statement, appearing to be so signed, may be given in evidence at his trial without further proof unless it is proved that it was not signed by the justice by whom it purports to have been signed.

(d) Nothing in this subsection shall prevent the prosecutor from giving in evidence any confession, or other statement made at any time by the accused, which is admissible by law as evidence against the accused.