§ 294 — Procedure when prospective witness is ill

294.—(1) Where it appears to a Magistrate that a person able to give material evidence for the prosecution or defence concerning any offence is so dangerously ill that it is not practicable to take the person’s evidence according to the usual course of law, any Magistrate may take the deposition of that person provided that reasonable notice has been given to the prosecutor and the accused of the Magistrate’s intention to take it and of when and where the Magistrate intends to take it.(2) If the accused is in custody, a Judge or a Magistrate may order the officer in charge of the prison to, and the officer must, take the accused to the place and at the time notified.

(3) Where it is proved at the trial of the accused that the deponent is dead, or that the deponent cannot attend for any sufficient reason, the deposition may be read even though the accused was absent when it was taken if the court trying the case is satisfied that —(a)

the deponent was at the time of his or her examination so dangerously ill as mentioned in subsection (1);

(b)

the deposition was duly taken at the place and time notified; and

(c)

reasonable notice of the intention to take it was given to the person against whom it is tendered in evidence so that the person or the person’s advocate might have been present and might have had, if he or she had chosen to be present, full opportunity of cross‑examination.

—(1) Where it appears to a Magistrate that a person able to give material evidence for the prosecution or defence concerning any offence is so dangerously ill that it is not practicable to take the person’s evidence according to the usual course of law, any Magistrate may take the deposition of that person provided that reasonable notice has been given to the prosecutor and the accused of the Magistrate’s intention to take it and of when and where the Magistrate intends to take it.

(2) If the accused is in custody, a Judge or a Magistrate may order the officer in charge of the prison to, and the officer must, take the accused to the place and at the time notified.

(3) Where it is proved at the trial of the accused that the deponent is dead, or that the deponent cannot attend for any sufficient reason, the deposition may be read even though the accused was absent when it was taken if the court trying the case is satisfied that —(a)

the deponent was at the time of his or her examination so dangerously ill as mentioned in subsection (1);

(b)

the deposition was duly taken at the place and time notified; and

(c)

reasonable notice of the intention to take it was given to the person against whom it is tendered in evidence so that the person or the person’s advocate might have been present and might have had, if he or she had chosen to be present, full opportunity of cross‑examination.