Section 103Part 5 — Procedure for Committal of Accused for Trial before the Grand Court
Such deposition to be admissible in evidence
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Every deposition taken under section 100 shall be a deposition taken in the case to which it relates, and shall be admissible in evidence on the same conditions as other depositions: Provided that it shall be admissible against the accused although it may have been taken in the accused's absence, and may not have been read over to the witness in the accused's presence, and although neither the accused nor the accused's counsel had any opportunity of cross-examining the witness, if it is proved that the accused having received such notice aforesaid that such deposition was about to be taken, refused or neglected to be present, or to cause the accused's counsel to be present when it was taken: Provided also that if it is proved that the person whose evidence has been taken as aforesaid has so recovered from that person's sickness or returned to the Islands as to be able to be present at the sessions at which the accused is tried, such deposition so taken as aforesaid shall not be read.
Cross References
- Section 100 of Criminal Procedure Code
section 100