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) 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) , 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) 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.