194ADepositions under Justices Act 1959

### 194A Depositions under Justices Act 1959 > > (1)  A deposition taken in any proceeding under [Part VII of the](/view/html/inforce/2026-04-12/act-1959-077#HPVII@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) may be produced and given in evidence at the trial of the person for or against whom it was taken if – > > > > > > (a) the witness – > > > > > > > > > > (i) is proved, to the satisfaction of the Supreme Court, to be dead, out of this State, insane, or so ill as not to be able to travel although there may be a prospect of recovery; or > > > > > > > > > > > (ii) is kept out of the way by the person accused; and > > > > > > > (b) the court is satisfied that the deposition was given before justices or received as evidence by justices. > > > (2)  If there is a prospect of the recovery of a witness proved to be too ill to travel, the court is not obliged to receive the deposition, but may postpone the trial and discharge the jury. > > > (3)  The deposition of a witness taken before a coroner may be produced and given in evidence at the trial of any person who was present during the examination of the witness. > > > > | Note: This section does not appear in the Evidence Act 1995 of the Commonwealth. |