ORDINANCE No. 6 OF 1864.
Depositions of Witnesses.
the said Court that the depositions, including the examination of such person, or a copy thereof are in the custody of the said Court, and if it shall appear from the perusal of such examination by the Presiding Judge that such examination contains any statement to the effect, or from which it may fairly and reasonably be inferred, that such person was examined before a Magistrate or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, and that the usual oath, affirmation [or declaration was administered: Repealed by Ordinance No. 9 of 1864 and new words substituted] to such person, prior to his examination, and that the examination was taken in the presence of the accused, and that he or his counsel or attorney had a full opportunity of cross-examining such person, and that the examination of such person was reduced into writing and read over to the person examined, then, if such examination purports to be signed by the person examined and by the Magistrate or other officer by or before whom the same purports to be taken, it shall be lawful to read such examination in evidence, without further proof of the matters in this section aforesaid, unless it be proved that such examination was not taken in manner aforesaid, or was not in fact signed by the person examined or by the Magistrate or officer aforesaid, purporting to sign the same.
4. No objection to the reception in evidence of the examination of any person shall be permitted to prevail upon the ground that the particular examination of such person was not signed by the Magistrate or other officer of Her Majesty as aforesaid, if it shall appear, in manner aforesaid, that the depositions wherein such examination was included, were so signed.
5. If, after the examination of all the witnesses on the part of the prosecution shall have been completed, before a Magistrate or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, any statement shall have been made by the accused before such Magistrate or officer of Her Majesty as aforesaid, it shall be lawful for the Supreme Court, and it is hereby required to allow such statement to be read and received in evidence in such prosecution upon the Presiding Judge being satisfied that the following conditions had been in each case complied with:
(1.) That prior to such statement having been made the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, had read or caused to be read, or, where necessary, had translated, or caused to be translated to the accused, the depositions taken against him.
(2.) That prior to such statement having been made the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, had addressed to the accused these words or words to the like effect: "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 upon your trial.”
655
No objection to admissibility of examination in evidence if depositions signed by the Magistrate, &c notwithstanding particular examination not so signed.
If party accused makes statement before Magistrate, &c, same may be read in evidence if certain preliminaries are complied with.
ORDINANCE No. 6 OF 1864.
Depositions of Witnesses.
the said Court that the depositions, including the examination of such person, or a copy thereof are in the custody of the said Court, and if it shall appear from the perusal of such examination by the Presiding Judge that such examination contains any statement to the effect, or from which it may fairly and reasonably be inferred, that such person was examined before a Magistrate or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, and that the usual oath, affirmation [or declaration was administered: Repealed by Ordinance No. 9 of 1864 and new words substituted] to such person, prior to his examination, and that the examination was taken in the presence of the accused, and that he or his counsel or attorney had a full opportunity of cross-examining such person, and that the examination of such person was reduced into writing and read over to the person examined, then, if such examination purports to be signed by the person examined and by the Magistrate or other officer by or before whom the same purports to be taken, it shall be lawful to read such examination in evidence, without further proof of the matters in this section aforesaid, unless it be proved that such examination was not taken in manner aforesaid, or was not in fact signed by the person examined or by the Magistrate or officer aforesaid, purporting to sign the same.
4. No objection to the reception in evidence of the examination of any person shall be permitted to prevail upon the ground that the particular examination of such person was not signed by the Magistrate or other officer of Her Majesty as aforesaid, if it shall appear, in manner aforesaid, that the depositions wherein such examination was included, were so signed.
5. If, after the examination of all the witnesses on the part of the prosecution shall have been completed, before a Magistrate or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, any statement shall have been made by the accused before such Magistrate or officer of Her Majesty as aforesaid, it shall be lawful for the Supreme Court, and it is hereby required to allow such statement to be read and received in evidence in such prosecution upon the Presiding Judge being satisfied that the following conditions had been in each case complied with:
(1.) That prior to such statement having been made the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, had read or caused to be read, or, where necessary, had translated, or cause to be translated to the accused, the depositions taken against him. “
(2.) That prior to such statement having been made the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence. appertained, had addressed to the accused these words or words to the like effect: "Having heard the evidence, do you wish to say anything in answer to 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 upon your trial.”
655
No cbjection to admissibility of examination in evidence if depositions signed by the Magistrate, &c notwithstanding particular examination not
so signed.
If party accused maken statement before Magis trate, &c, same may be read in evidence if certain prelim- inaries are com- plied with.
No comments yet.
Private notes are available after approval.