54
CAP. 8]
Admissibility
in criminal proceedings of evidence obtained
pursuant to letter of request.
Evidence
[1984 Ed.
77F. (1) Subject to this section and section 77G, any deposition, together with any document or thing exhibited or annexed thereto, which is received by the Registrar pursuant to a letter of request issued by him under section 77E in respect of any criminal proceedings, shall on its production without further proof be admitted in those criminal proceedings as prima facie evidence of any fact stated in the deposition and in the document (if any) exhibited or annexed thereto if-
(a) it is agreed by or on behalf of the prosecution and every person charged with an offence to which that fact relates that such deposition together with any such document or thing exhibited or annexed thereto may be tendered in evidence; or
(b) in the case of a deposition having exhibited or annexed thereto any document of a kind referred to in subsection (2) but no other document, the conditions mentioned in that subsection in relation to a document of that kind are satisfied; or
(c) in the case of a deposition having exhibited or annexed thereto any combination of documents consisting of any document of a kind referred to in subsection (2) and any other document-
(i) in respect of such first-mentioned document, the conditions mentioned in that subsection in relation to a document of that kind are satisfied; and
(ii) in respect of such other document, the court is satisfied that that document is the original thereof and that, having regard to the matters referred to in paragraph (d)(i), (ii) and (iii), no unfairness is likely to occur in those criminal proceedings consequent upon the deposition and that document being admitted in evidence under this section: or
(d) in the case of any other deposition, the court is satisfied that any document (if any) exhibited or annexed thereto is the original thereof, and that, having regard to the following matters--
(i) whether it is reasonably practicable to secure the attendance of the deponent, taking into account for that purpose his bodily or mental condition or the delay or expense likely to be caused in securing his attendance;
(ii) whether the deponent was cross-examined before such court or tribunal; and
(iii) any other matter which, in the circumstances, appears to the court to be relevant,
no unfairness is likely to occur in those criminal proceedings consequent upon the deposition and any document (if any) exhibited or annexed thereto being admitted in evidence under this section.
Page 55
Page 56
54
CAP. 8]
Admissibility
in criminal proceedings of evidence obtained
pursuant to letter of request.
Evidence
[1984 Ed.
77F. (1) Subject to this section and section 77G, any deposi- tion, together with any document or thing exhibited or annexed thereto, which is received by the Registrar pursuant to a letter of request issued by him under section 77E in respect of any criminal proceedings, shall on its production without further proof be admitted in those criminal proceedings as prima facie evidence of any fact stated in the deposition and in the document (if any) exhibited or annexed thereto if-
(a) it is agreed by or on behalf of the prosecution and every person charged with an offence to which that fact relates that such deposition together with any such document or thing exhibited or annexed thereto may be tendered in evidence; or
(b) in the case of a deposition having exhibited or annexed thereto any document of a kind referred to in subsection (2) but no other document, the conditions mentioned in that subsection in relation to a document of that kind are satisfied; or
(c) in the case of a deposition having exhibited or annexed thereto any combination of documents consisting of any document of a kind referred to in subsection (2) and any other document-
(i) in respect of such first-mentioned document, the conditions mentioned in that subsection in relation to a document of that kind are satisfied; and
(ii) in respect of such other document, the court is satisfied that that document is the original thereof and that, having regard to the matters referred to in paragraph (d)(i), (ii) and (iii), no unfairness is likely to occur in those criminal proceedings consequent upon the deposition and that document being admitted in evidence under this section: or
(d) in the case of any other deposition, the court is satisfied that any document (if any) exhibited or annexed thereto is the original thereofjand that, having regard to the following matters--
jand
(i) whether it is reasonably practicable to secure the attendance of the deponent, taking into account for that purpose his bodily or mental condition or the delay or expense likely to be caused in securing his attendance;
(ii) whether the deponent was cross-examined before such court or tribunal; and
(iii) any other matter which, in the circumstances. appears to the court to be relevant.
no unfairness is likely to occur in those criminal pro- ceedings consequent upon the deposition and any docu- ment (if any) exhibited or annexed thereto being admitted in evidence under this section.
Page 55Page 56
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