Trial ProcedureS

[F1352 Record of proceedings at examination to be received in evidence without being sworn to by witnesses.S

(1)Subject to subsection (2) below, the record made, under section 20B of this Act (with any rectification, authorised under subsection (4) of that section, incorporated), of proceedings at the examination of an accused shall be received in evidence without being sworn to by witnesses.

(2)Subject to section 20B(2) of this Act and to subsection (4) below, on the application of either an accused or the prosecutor, the court may refuse to admit the record or some part of the record as evidence; and at the hearing of such application it shall be competent for [F2the prosecutor or]the defence to adduce as witnesses the persons who were present during the proceedings mentioned in subsection (1) above and for [F3either party] to examine those witnesses upon any matters regarding the said proceedings.

(3)“Record” in subsection (2) above comprises, as regards any trial, each record which it is sought to have received in evidence under subsection (1) above.

(4)Except on cause shown, an application under subsection (2) above shall not be heard unless notice of at least 10 clear days has been given to the court and to the other parties.]