Rule 48 Taking of depositions under Article 28 or 41 of the Order
Northern Ireland
Where an application for the taking of the deposition of a person under Article 28 or Article 41 of the Order is granted by a district judge (magistrates’ court) or lay magistrate, such district judge (magistrates’ court) or lay magistrate shall cause to be served in such manner as he may direct on the accused and the prosecutor a notice in writing specifying where and when the deposition is to be taken.
Where a person in prison custody has received a notice under paragraph (1) the governor of the prison in which the person is confined shall cause him to be conveyed to the place mentioned in the notice for the purpose of being present at the taking of the deposition and sub-section (3) of section 16 of the Prison Act (Northern Ireland) 1953f1 shall apply to a person who is so conveyed as though the Secretary of State had made a direction under sub-section (1) of that section.
The district judge (magistrates’ court) or lay magistrate taking the deposition shall sign it and attach thereto a statement of his reason for taking it and of the day when and the place where it was taken and of the names of the persons, if any, present at the taking thereof.
The district judge (magistrates’ court) or lay magistrate taking the deposition shall cause it to be transmitted with his statement under paragraph (3)—
if the deposition is taken under Article 41 of the Order and relates to an offence for which the accused is already committed for trial, to the chief clerk F1...; or
in any other case, to F2the clerk of petty sessions.
Annotations
Textual amendments
- F1
Words in rule 48(4)(a) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 2016 (S.R. 2016/304), rules 1, 3(11)(a); S.R. 2016/387, art. 2(a)
- F2
Words in rule 48(4)(b) substituted (31.10.2016) by The Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 2016 (S.R. 2016/304), rules 1, 3(11)(b); S.R. 2016/387, art. 2(a)