CHAPTER THREE
Procedure
PART V
PRELIMINARY INQUIRIES AND COMMITTAL PROCEEDINGS
SUB-PART B
PROCEEDINGS TO COMPEL APPEARANCE OF ACCUSED AND WITNESS
Committal Proceedings
Taking depositions of witnesses and statement of accused
798.— (1) For the purposes of subsection (1) of section 797 a Magistrate inquiring into an offence shall cause the evidence of each witness (other than witness as to character of the accused) including the evidence of the accused, to be put into writing, and as soon as practicable after the examination of the witness shall cause his or her deposition to be read to him or her in the presence and hearing of the accused and shall require the witness to sign the deposition.
(2) Where the evidence has been given in the absence of the accused this shall be recorded on the deposition of the witness and the deposition need not be read in the presence and hearing of the accused.
(3) The depositions shall be authenticated by a certificate signed by the Magistrate.
(4) After the evidence for the prosecution, including any statements tendered under section 799 has been given and after hearing any sub¬missions, if any made, the Magistrate shall, unless he or she then decides not to commit for trial, cause the charge to be written down, if this has not already been done, and if the accused is not represented by counsel, shall read the charge to him or her and explain it in ordinary language.
(5) The Magistrate shall then say to the accused —
“I must warn you that if this Court should commit you for trial you may not be permitted at that trial to give evidence of an alibi or to call witnesses in support of an alibi unless you have earlier given particulars of the alibi and of the witnesses, you may give those particulars to the prosecutor not later than seven days from the end of these committal proceedings.”
or words to that effect and, if it appears to the Magistrate that, the accused may not understand the meaning of the term “alibi” the Magistrate shall explain it to him or her.
(6) The Magistrate shall not be required to give this warning where it appears to the Magistrate that having regard to the nature of the of¬fence with which the accused is charged, it is unnecessary to do so.
(7) After complying with the requirements of this section relating to the statement of the accused and whether or not he or she has made a statement in answer to his or her charge, the Magistrate shall give him or her an opportunity to give evidence himself or herself and to call witnesses.
(8) Subject to subsection (9), where the accused is represented by counsel, his or her counsel shall be heard on his or her behalf with the leave of the Court both before and after the evidence is taken.
(9) Where the Magistrate grants leave to counsel for the accused to be heard after and before, the evidence is taken, counsel for the prosecution shall be entitled to be heard immediately before counsel for the accused is heard for the second time.
(10) Where the Magistrate determines to commit the accused for trial in respect of a charge different from that which was read to him or her in accordance with subsection (4), the Magistrate shall cause the new charge to be read to him or her.
Procedure for witness testimony - national proceedings
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