153Deposition of person dangerously ill and unable to attend

153 Deposition of person dangerously ill and unable to attend preliminary examination (1) Whenever it is made to appear to the satisfaction of the Court that: (a) an oral witness is dangerously ill and is, in the opinion of a medical practitioner, not likely to recover from the illness; and (c) it is not practicable for the Court to take the deposition of the witness at the preliminary examination of the defendant;

Local Court (Criminal Procedure) Act 1928 62 a Judge, JP or registrar may take the statement upon oath of the (2) The Judge, JP or registrar taking the deposition shall thereupon subscribe the deposition, and shall add thereto, by way of caption, a statement of the reason for taking it, and of the day and place when and where it was taken, and of the names of the persons (if any) present at the taking thereof. (3) If the deposition relates to any indictable offence for which any defendant is already committed or bailed to appear for trial the Judge, JP or registrar shall transmit the deposition, with the addition mentioned in subsection (2), to the officer to whom the depositions are by law required to be transmitted, and that officer shall preserve it. (4) In this section: oral witness means a person: (a) for whom leave to cross-examine has been granted under section 105H; or (b) for whom leave to give oral evidence has been granted under section 105J(6) or (7); or (c) whom the defendant desires to call as a witness under section 110.