Depositions Taken in an Emergency
| DOI | 10.1177/002201835401800411 |
| Published date | 01 October 1954 |
| Date | 01 October 1954 |
| Subject Matter | Article |
Depositions Taken in an
Emergency
CIRCU M STANCES sometimes arise when as a result of an
attempt to
murder
or the infliction of wounds, aperson is
in jeopardy of losing his life. His condition may be so serious
that
the Police Authorities consider
that
his testimony should
be recorded whilst he is still alive if
the
person alleged to have
caused the injuries is subsequently to be brought to justice.
AJustice, therefore, is asked to attend at a residence, or more
usually at a hospital, for
the
purpose of taking
the
patient's
deposition.
The
Justice must decide
under
which authority
the
deposition is to be taken
and
on this decision, which no
doubt will be based
upon
the
advice given by
the
Justices'
Clerk, may depend whether or
not
in the case of the patient's
death and the assailant being brought to trial,
the
deposition
is admitted by
the
Judge.
The
safest method is to regard
the
taking of
the
deposition as
the
commencement of committal
proceedings,
the
Justice becoming
the
Examining Justice.
The
procedure to be observed is laid down by ss. 4
and
5 of
the
Magistrates' Courts Act, 1952, s. 12 (4) and (6) of
the
Criminal Justice Act, 1925, as amended by s. 131
and
Schedule
5 of the former Act
and
rr. 5-13
and
r. 54 of
the
Magistrates'
Courts Rules, 1952. It may not be certain at the time (and
the time is usually in
the
early hours!)
that
the Justice called
upon
will be able to assume
the
duty of Examining Justice, or
indeed it may be known at
the
outset
that
he cannot. If,
therefore, no other Justice able to become
the
Examining
Justice is available and the taking of
the
deposition is one of
some urgency, recourse
must
be had to the procedure laid
down by s. 41 of the Magistrates' Courts Act, 1952.
This
section reads as follows:
(I)
Where aperson appears to a Justice of the Peace to
be able
and
willing to give material information re-
lating to an indictable offence or to any person accused
of an indictable offence,
and-
378
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