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An Act to remove some defects in the Administration of the Criminal Law.
[20th June 1867]
Modifications etc. (not altering text)
C1Short title given by Short Titles Act 1896 (c. 14)
C2Preamble omitted under authority of Statute Law Revision Act 1893 (c. 14)
Textual Amendments
Textual Amendments
F2Ss. 2, 5 repealed by Costs in Criminal Cases Act 1908 (c. 15), Sch.
Textual Amendments
F3S. 3 repealed by Criminal Justice Act 1925 (c. 86), Sch. 3
Textual Amendments
F4Ss. 4, 9 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6
Textual Amendments
F5Ss. 2, 5 repealed by Costs in Criminal Cases Act 1908 (c. 15), Sch.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7[F8an. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 officer to whom a statement taken under [F10section 105 of the Magistrates’ Courts Act 1980], is sent in pursuance of rules made under [F10section 144 of the Act] , shall preserve] the same, and file it of record; and if afterwards, upon the trial of any offender or offence to which the same may relate, the person who made the same statement shall be proved to be dead, or if it shall be proved that there is no reasonable probability that such person will ever be able to travel or to give evidence, it shall be lawful to read such statement in evidence, either for or against the accused, without further proof thereof, if the same purports to be signed by the justice by or before whom it purports to be taken, and provided it be proved to the satisfaction of the court that reasonable notice of the intention to take such statement has been served upon the person (whether prosecutor or accused) against whom it is proposed to be read in evidence, and that such person, or his counsel or attorney, had or might have had, if he had chosen to be present, full opportunity of cross-examining the deceased person who made the same.]
Textual Amendments
F6S. 6 repealed (E.W.) (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the amending Act) by 1996 c. 25, ss.47, 65(4), 80, Sch. 1 Pt. II para. 14, Sch. 5 para. 10 (with s. 78(1)); S.I. 1997/683 art. 1
F7Recital omitted under authority of Statute Law Revision Act 1893 (c. 14) and words repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6
F8Words substituted by Magistrates' Courts Act 1952 (c. 55), Sch. 5
F9Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
F10Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 2
Modifications etc. (not altering text)
C3Unreliable marginal note.
Whenever a prisoner in actual custody shall have served or shall have received notice of an intention to take such statement as herein-before mentioned, the judge or justice of the peace by whom the prisoner was committed, or the visiting justices of the prison in which he is confined, may, by an order in writing, direct the gaoler having the custody of the prisoner to convey him to the place mentioned in the said notice for the purpose of being present at the taking of the statement; and such gaoler shall convey the prisoner accordingly, . . . F12]
Textual Amendments
F11S. 7 repealed (E.W.) (4.7.1996 but with effect as mentioned in Sch. 1 Pt. III para. 39) by 1996 c. 25, ss. 47, 65(4), 80, Sch. 1 Pt. II para. 14, Sch. 5 para. 10 (with s. 78(1)); S.I. 1997/683 art. 1
F12Words repealed by Statute Law Revision Act 1893 (c. 14)
Textual Amendments
F13S. 8 repealed by Oaths Act 1888 (c. 46), Sch.
Textual Amendments
F14Ss. 4, 9 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6
[F15Where a person who has been granted bail in criminal proceedings is, while awaiting trial for the offence before the Crown Court, in prison] , under warrant of commitment, or under sentence for some other offence, it shall be lawful for the court, by order in writing, to direct the governor of the said prison to bring up the body of such person in order that he may be arraigned upon such indictment without writ of habeas corpus, and the said governor shall thereupon obey such order.
Textual Amendments
F15Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 3
This Act shall not extend to Ireland.
Textual Amendments
F16S. 12 repealed by Statute Law Revision Act 1893 (c. 14)