Depositions

(1) For the purposes of section 35 a deposition complies with this section if– (a) a copy of it is sent to the prosecutor under section 41(9); (b) the condition falling within sub-section (2) is met; and (c) the condition falling within sub-section (3) is met, in a case where it applies. (2) The condition falling within this sub-section is that before the magistrate’s court begins to inquire into the offence concerned as examining magistrate a copy of the deposition is given, by or on behalf of the prosecutor, to each of the other parties to the (3) The condition falling within this sub-section is that if the deposition refers to any other document as an exhibit, the copy given to any other party to the proceedings under sub-section (2) is accompanied by a copy of that document or by such information as may be necessary to enable the party to whom it is given to inspect that document or a copy of it. (4) So much of any deposition as is admitted in evidence by virtue of this section shall, unless the court otherwise directs, be read aloud at the hearing and where the court so directs an account shall be given orally of so much of any deposition as is not read aloud. (5) Any document or other object referred to as an exhibit and identified in a deposition admitted in evidence by virtue of this section shall be treated as if it had been produced as an exhibit and identified in court by the person whose evidence is taken as the 36 (6) In this section, “document” means anything in which information of any description is recorded.