Law library · Sierra Leone · The Criminal Procedure Act, 2024
Section 62, The Criminal Procedure Act, 2024
Status not yet checkedThe Criminal Procedure Act, 2024, Sierra Leone
(1) Where a person has been committed for trial for anoffence, written statements obtained or the deposition of a person
taken before the committing Magistrate may, if the conditions set out
in subsection (2) are satisfied, without further proof, be read as
evidence on the trial of that person, whether for that offence or for
any other offence arising out of the same transaction or set of
circumstances as that offence.
(2) The conditions referred to in subsection (1) are -
(a) where a witness whose attendance at the trial
is stated to be unnecessary or who cannot
be found, or whose attendance cannot be
procured without an amount of delay,
expense or inconvenience which in the
circumstances of the case, the Court
considers unreasonable, or who is proved at
the trial by the oath or affirmation of a credible
witness to be dead or insane or otherwise,
mentally unwell, or so ill as not to be able to
travel, or to be kept out of the way by means
of the procurement of the
defendant or on his behalf;
(b) where the document about to be tendered is
a written statement or a deposition, it must
be proved at the trial either by a certificate
purporting to be signed by the Magistrate
before whom the written statement or
deposition is purported to have been
tendered or taken, or, by the clerk to such
Magistrate, that the written statement was
tendered in the presence of the defendant;
and that where this was permissible, the
defendant or his counsel had full opportunity
to cross-examine the witness.
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