Directory_and_Chronicle_1900 — Page 334

Signature of deposition.

Witness dead or ill.

Variance of evidence,

How to be taken.

Confession.

Kxamination of this kind not public.

Prosecutor or witnesses to enter into

recognizance,

274

RULES OF SUPREME COURT

293. The deposition of each witness shall be read over to the witness: and shall be signed by him.

294. If on the trial of the accused it is proved on oath that any per- son whose deposition has been taken is dead, or is so ill as not to be able to travel, ani that his deposition was taken in presence of the accused, and that he or his counsel or attorney cross-examined, or had full oppor tunity of cross-examining the witness, the deposition may be read as evidence in the prosecution without further proof thereof.

295. No objection at the preliminary examination to any charge, summons, or warrant for any defect in substance or form, or for any variance between it and the evidence adduced on the part of the prosecu tion, shall be allowed: but if any variance appears to the Court to be such that the accused has been thereby deceived or misled, the Court may, or the request of the accused, adjourn examination, and in the meantime remand the accused or admit him to bail.

Statement of Accused

296. After the examination of all the witnesses on the part of the prosecution is completed, the Court shall, without requiring the attendance of the witnesses, read over to the accuse the depositions taken against him, and shall then say to him these words:

"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you on your trial. An I give you clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat that may have been held out to you to induce you to make any admission or confession of your guilt; but whatever you now say may be given in evidence against you upon your trial, notwithstanding such promise or threat."

Whatever the accused then says in answer there o, shall be taken down in writing, and shall be read over to him, and shall be kept with the depositions of the witnesses, and afterwards, on the trial of the accused, the same may be given in evidence against him without further proof thereof. 297. Nothing in the foregoing Rules, however, is to prevent the pro- secutor from giving in evidence any admission or confession or other statement of the accused made at any time, which would, by law, be admis- sible as evidence against him.

Publicity

298. The room or place in which the preliminary examination is held is not an open or public Court for that purpose; and the Court may, its discretion, in case it appears to it that the ends of justice will be best answered by so doing, order that no person have access to, or remain in, the room or place without the special permission of the Court.

Recognizance to Prosecute or give Evidence

299. The Court may, at the preliminary examination, bind by recog- nizance the prosecutor and every witness to appear at the Court at which the accused is to be tried, to prosecute, or to prosecute and give evidence, or to give evidence (as the case may be).

A notice of each recognizance shall at the same time be given to the person tound thereby.

If a witness refuses to enter into a recognizance, the Court may, by warrant, commit him to prison, there to remain until after the trial of the accused, unless in the meantime he duly enters into a recognizance.

cause,

But if afterwards, from want of sufficient evidence or other the accused is not either committed for trial or held to bail, the witness shall be discharged from custody by direction of the Court.