194BDepositions of persons dangerously ill

### 194B Depositions of persons dangerously ill > > (1)  If a justice is satisfied that a person dangerously ill, unlikely to recover and unable to travel is able to give material and important information relating to any crime punishable on indictment, or to a person accused of such a crime, that may be lost unless given immediately the evidence of that person may be taken as provided under this section. > > > (2)  A justice may take in writing the statement on oath of a person referred to in [subsection (1)](#GS194B@Gs1@EN) and add an endorsement specifying – > > > > > > (a) the reason for taking the statement; and > > > > > > > (b) the day and place when and where the statement was taken; and > > > > > > > (c) the name of any person present at the taking of the statement. > > > (3)  If any person likely to be affected by the statement is charged with a crime punishable on indictment in relation to which the statement is to be taken, the justice, before taking the statement, is to – > > > > > > (a) give to the person, if practicable, reasonable notice in writing of the time and place appointed for taking the statement; and > > > > > > > (b) allow the person or his attorney, if either is present at the time and place, full opportunity for cross-examining the deponent; and > > > > > > > (c) if it is not practicable to give the notice, give the person an opportunity to cross-examine the deponent upon the statement at a later date before the committal or trial of the person. > > > (4)  If the justice who took the deposition is not available for the purpose referred to in [subsection (3)(c)](#GS194B@Gs3@Hpc@EN) , any justice authorised by the Attorney-General may act instead. > > > (5)  If the statement is to be taken at the instance of any person charged or likely to be charged with a crime punishable by indictment to which the statement relates, notice of the intention to take the statement and the opportunity for cross-examination are to be given to the Attorney-General or Solicitor-General. > > > (6)  The deposition is to be forwarded with the endorsement required by [subsection (2)](#GS194B@Gs2@EN) to the Attorney-General. > > > (7)  A copy of the deposition is to be given to any person affected criminally by it as soon as practicable. > > > (8)  The deposition may be produced and read as evidence, either for or against the accused, on the trial of any offender or offence to which it relates if – > > > > > > (a) it is proved that the deponent is dead or that there is no reasonable probability that the deponent is ever able to travel or to give evidence; and > > > > > > > (b) the deposition purports to be signed by the justice by or before whom it purports to be taken; and > > > > > > > (c) it is shown to the satisfaction of the court by the contents of the deposition or an attached statement of the justice before whom it is taken or otherwise – > > > > > > > > > > (i) that the person against whom it is proposed to read the deposition, or his or her attorney, had or might have had, if the person had chosen to be present, full opportunity of cross-examining the deponent; or > > > > > > > > > > > (ii) if that person is not shown to have been present or represented by attorney at the taking of the deposition, that reasonable notice in writing of the intention to take the deposition was given to that person, having regard to the urgency of the circumstances, to have enabled that person to be present; or > > > > > > > > > > > (iii) that it was not practicable to give that person an opportunity to cross-examine the deponent. > > > (9)  The fact that the person against whom the deposition is to be read did not receive the notice referred to in [subsection (8)(c)(ii)](#GS194B@Gs8@Hpc@Hqii@EN) does not prevent the admissibility of the deposition if the court is satisfied that the person had an opportunity for cross-examining the deponent. > > > (10)  This section does not render inadmissible in evidence any admissible dying declaration. > > > > | Note: This section does not appear in the Evidence Act 1995 of the Commonwealth. |