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Criminal Appeal (Northern Ireland) Act 1980

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This is the original version (as it was originally enacted).

Depositions

2On a retrial ordered under section 6 of this Act, section 50(1) of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964 (reading of depositions) shall not apply to the depositions of any person who gave evidence at the original trial, but a transcript of the shorthand notes of the evidence given by any witness at the original trial may, with the leave of the judge, be read as evidence—

(a)by agreement between the prosecution and the defence; or

(b)if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or to secure his attendance have been made without success ;

and in either case may be so read without further proof if verified in accordance with rules of court.

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