Criminal Procedure Act 1967

F13 [ Taking of evidence by District Court.

4F

4F. (1) At any time after the accused is sent forward for trial, the prosecutor or the accused may apply to the trial court for an order requiring a person to appear before a judge of the District Court so that the person s evidence may be taken either

( a ) by way of sworn deposition, or

( b ) in case the person s evidence is to be given through a live television link pursuant to Part III of the Criminal Evidence Act, 1992 , or section 39 of the Criminal Justice Act, 1999, through such a link.

whether or not the person s name appears in the list of witnesses served on the accused under section 4B or 4C.

(2) If satisfied that it would be in the interests of justice to do so, the trial court may order a person who is the subject of an application under subsection (1) to attend before a judge of the District Court in the district court district

( a ) in which the offence was committed, or

( b ) in which the accused was arrested or resides,

so that the judge may take the person s evidence accordingly.

(3) The following rules shall apply to the taking of evidence under this section

( a ) when the evidence is being taken, both the accused and a judge of the District Court shall be present;

( b ) before it is taken, the judge shall inform the accused of the circumstances in which it may be admitted in evidence at the accused s trial;

( c ) the witness may be cross-examined and re-examined;

( d ) where the evidence is taken by way of sworn deposition, the deposition and any cross-examination and re-examination of the deponent shall be recorded, read to the deponent and signed by the deponent and the judge.

(4) A judge of the District Court shall have the same powers for

( a ) enforcing compliance by a prospective witness with this section or with an order under this section, and

( b ) securing the attendance of the accused,

as the District Court has in relation to witnesses in criminal proceedings. ]

Annotations:

Amendments:

F13

Inserted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 9, S.I. No. 193 of 2001.

Modifications (not altering text):

C11

Application of section restricted by Criminal Law (Jurisdiction) Act 1976 (14/1976), s. 18, as substituted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 14, S.I. No. 193 of 2001.

Restriction of section 4F of Criminal Procedure Act, 1967.

18.—Section 4F of the Criminal Procedure Act, 1967, shall not entitle a judge of the District Court to require the attendance of a person before that Court for the purpose of taking the person’s evidence by way of a sworn deposition if it appears to the judge that—

(a) the person is outside the State, and

(b) it is not reasonably practicable to secure his attendance before the Court.

C12

Application of section modified under certain conditions (1.05.2002) by Children Act 2001 (24/2001), s. 255(1), S.I. No. 151 of 2002.

Power to take deposition of child.

255.—(1) Without prejudice to section 4F of the Act of 1967, where a judge of the District Court is satisfied on the evidence of a registered medical practitioner that the attendance before a court of any child, in respect of whom an offence under this Part, or any offence mentioned in Schedule 1, is alleged to have been committed, would involve serious danger to the safety, health or wellbeing of the child, the judge may take the evidence either—

(a) by way of sworn deposition, or

(b) in case the evidence is to be given through a live television link pursuant to Part III of the Criminal Evidence Act, 1992, or section 39 of the Criminal Justice Act, 1999, through such a link.

(2) The rules mentioned in section 4F(3) of the Act of 1967 shall apply and have effect in relation to the taking of evidence under subsection (1).

(3) A deposition taken under subsection (1) or a videorecording of evidence given by a child under paragraph (b) of that subsection shall be deemed to have been taken under section 4F of the said Act of 1967, and section 4G (admissibility of deposition or videorecording) shall apply and have effect accordingly.

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