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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 40

Non-appearance of both parties.

40.(1) Where a court of summary jurisdiction is satisfied by the evidence of a
duly qualified medical practitioner that a person, who is able and willing to
give material information relating to a summary offence, or relating to any
person accused of such offence, is so ill as to be unable to travel or where
for any reason the attendance of a person before the court cannot conveniently
be procured the court may adjourn the hearing in order that a deposition of
that person may be taken in writing before a resident magistrate or other
justice of the peace sitting out of petty sessions.

(2) Subject to subsection (3), the deposition shall be admissible in evidence
either for or against the accused without further proof thereof if it purports
to be signed by the resident magistrate or justice of the peace by whom it
purports to be taken.

(3) The deposition shall not be admissible in evidence either for or against
the accused unless it is proved that reasonable notice of the intention to
take the deposition had been served upon the person (whether complainant or
accused) against whom it is proposed to be given in evidence and that he or
his counsel or solicitor had, or would have had if he had chosen to be
present, an opportunity of cross-examining the person making the deposition.

(4) The provisions of this section are in addition to and not in derogation of
[sections 61 and 62 of the Children and Young Persons Act (Northern Ireland)
1968].

1968 c.34

© 1964 Crown Copyright

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