PART VI
EVIDENCE, ATTENDANCE OF WITNESSES, AMENDMENT, JUDGMENTS, ETC.
33. Depositions may be read in evidence for other offence than that for which were taken.
Depositions taken in the preliminary or other investigation of any charge against any person may be read as evidence in the prosecution of such person for any other offence whatsoever, upon the like proof, and in the same manner in all respects, as they may, according to law, be read in the prosecution of the offence with which such person was charged when such depositions were taken.
34. Attendance of witness bound by recognizance to attend.
Every person who is bound by recognizance to attend at any criminal sessions or sittings of the Court as a witness, whether for the prosecution or for the defence, in any case to be tried at such sessions or sittings, shall be bound to attend the Court, whether or not he has received any subpoena or notice, on the day appointed for the trial of such case, and on subsequent days of such sessions or sittings, until the case has been disposed of, or until he has been discharged by the Court from further attendance.
35. Writs of subpoena.
(1) Every person whose attendance as a witness,whether for the prosecution or for the defence, is required in any case, and who has not been bound by recognizance to attend as a witness at the criminal sessions or sittings at which such case is to be tried, shall be summoned by a writ of subpoena.
(2) Every such subpoena shall issue in the name of the Queen, and shall be tested in the name of the Chief Justice.
36. Duty to prepare subpoena.
(1) Subject to the provisions of subsection (2), it shall be the duty of the Registrar, on being furnished, with the names and places of abode of any witnesses on behalf of the prosecution or defence whose attendance is required to be secured by subpczna, to prepare for service a writ or writs of subpoena directed to such witnesses, together with as many copies thereof, as there may be witnesses named in such writ or writs.
(2) Notwithstanding the provisions of subsection it shall be lawful for the Registrar, before a subpoena directed to any witness whose attendance is required on behalf of the defence is prepared, to require to be satisfied by evidence on oath or otherwise that that witness is likely to be able to give material evidence :
Provided that nothing in this subsection shall be deemed to prejudice any right or power of the Court at the trial to call, or permit to be called, any witness.
(3) When application shall be made to postpone any trial by reason of the absence of any witness, it shall be taken as prima facie evidence, liable nevertheless to be rebutted, that the party applying for such postponement has not exercised all due and necessary diligence to secure the attendance of such witness if it shall appear that no subpoena to such witness was requested four clear days at the least before the first day of the criminal sessions or sittings.
37. Service of subpoenas.
The Registrar, by himself or his assistants, shall with all diligence, serve, or attempt to serve, a copy of the writ of subpoena upon each witness to be served, and shall note every such service or attempted service with the time thereof upon the original writ of subpoena, and shall endorse and subscribe thereon a certificate of the service or non-service thereof, as the circumstances of the case may require ; any such certificate shall be prima facie evidence of the facts stated therein.
Procedure for witness testimony - national proceedings
EDIT.