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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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