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Statement of witness after committal of accused person

Cap. 96, s. 50 · Revised Edition 2020

(1) If, after an accused person has been committed, the examining magistrate is satisfied on application or otherwise that the statement of any person who is able to give relevant evidence should be recorded, the magistrate may proceed to record the statement of such person, and if that person is able to attend, the magistrate shall have the same powers of compelling the attendance of a witness at a 47 (2) The person making the application shall give reasonable notice in writing to the accused person or the prosecutor, as the case may be, and to the Director of Public Prosecutions, of the time and place at which the deposition is to be taken and the magistrate shall, before taking the deposition, be satisfied that adequate notice has been given. (3) If the application is made by the prosecutor and if the accused person is in prison, the magistrate may by an order in writing under the magistrate’s hand, direct the keeper of the prison having custody of the accused person to convey him, or cause him to be conveyed to the place where the statement is to be recorded, for the purpose of being present when it is taken, and to take him back to prison afterwards. (4) A statement taken under this section and copies thereof shall be transmitted by the magistrate to the Registrar and the Director of Public Prosecutions, and shall be treated in all respects in the same way as, and considered as being for all purposes, a deposition taken upon the preliminary inquiry.

Amended by: 18 of 1998

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Statement of witness after committal of accused person — Cap. 96 s. 50 · Belize Law