(a) where that person attends for the purpose of giving evidence, cause his evidence to be put in writing;

(b) where that person attends for the purpose of producing a document or other exhibit, cause the document or exhibit to be handed over for examination and any evidence given by that person in respect of it to be put in writing;

(c) where that person refuses to have his evidence taken or to produce the document or other exhibit, as the case may be, explain to him the consequences of so refusing without just excuse, and ask him to explain why he has so refused; and

(d) cause a record of any such refusal to be made in writing.

    (2) As soon as practicable after the examination by the prosecutor of a witness whose evidence is put in writing the justice shall cause his deposition to be read to him, and shall require the witness to sign the deposition.

    (3) Any such deposition shall be authenticated by a certificate signed by the justice.

    (4) Subject to rule 11 the clerk of the justice concerned, on sending a copy of any deposition or documentary exhibit to the prosecutor under section 97A(9) or (10) of the Act of 1980, as the case may be - 

(a) shall retain the original deposition or documentary exhibit, and

(b) may retain any other exhibit produced in pursuance of that section.

Prosecutor's notice to other party: right to object to written evidence being read at trial without further evidence.

(a) that the accused has no legal representative acting for him in the case; or

(b) that the accused's legal representative has requested the court to consider a submission that there is insufficient evidence to put the accused on trial by jury for the offence with which he is charged, as the case may be,

shall permit the prosecutor to make an opening address to the court, if he so wishes, before any evidence is tendered.

    (3) After such opening address, if any, the court shall cause evidence to be tendered in accordance with sections 5B(4), 5C(4), 5D(5) and 5E(3) of the Act of 1980, that is to say by being read out aloud, except where the court otherwise directs or to the extent that it directs that an oral account be given of any of the evidence.

    (4) The court may view any exhibits produced before the court and may take possession of them.

    (5) After the evidence has been tendered the court shall hear any submission which the accused may wish to make as to whether there is sufficient evidence to put him on trial by jury for any indictable offence.

    (6) The court shall permit the prosecutor to make a submission - 

(a) in reply to any submission made by the accused in pursuance of paragraph (5); or

(b) where the accused has not made any such submission but the court is nevertheless minded not to commit him for trial.

    (7) After hearing any submission made in pursuance of paragraph (5) or (6) the court shall, unless it decides not to commit the accused for trial, cause the charge to be written down, if this has not already been done, and, if the accused is not represented by counsel or a solicitor, shall read the charge to him and explain it in ordinary language.".

(ii) for sub-paragraph (b) there shall be substituted - 

" (b)


(i) the evidence tendered in accordance with section 5A of the Act of 1980 and, where any of that evidence consists of a copy of a deposition or documentary exhibit which is in the possession of the court, any such deposition or documentary exhibit; and

(ii) a certificate to the effect that that evidence was so tendered.".



(iii) for sub-paragraph (c) there shall be substituted - 

" When a copy of any of the following evidence, namely - 

(a) evidence tendered in accordance with section 5A of the Act of 1980, or

(b) a written statement tendered in evidence under section 9 of the Criminal Justice Act 1967,";

(ii) for the words "statement and of any exhibit which accompanied it" there shall be substituted "evidence in question"; and

(iii) after the words "any such statement" there shall be inserted "as is referred to in sub-paragraph (b)";

(c) paragraph (3) shall be omitted;

(d) in paragraph (4) - 

(i) for the words from the beginning to "or 9" there shall be substituted - 

" Where - 

(a) a statement or deposition to be tendered in evidence in accordance with section 5A of the Act of 1980; or

(b) a written statement to be tendered in evidence under section 9 of the Criminal Justice Act 1967,";

(ii) after the word "statement", wherever else it occurs, there shall be inserted "or deposition"; and

(iii) the word "written", in the second place where it occurs, shall be omitted;

(e) in paragraph (5) - 

(i) for the words "written statement" where they first appear there shall be substituted "any evidence tendered in accordance with the said section 5A or a written statement tendered in evidence under section 9 of the Criminal Justice Act 1967"; and

(ii) in sub-paragraph (a) for the words from the beginning to "section 102" there shall be substituted "in the case of any evidence tendered in accordance with the said section 5A, but subject to paragraph (5A)," and for the words "the statement" there shall be substituted the words "the evidence";

(f) after paragraph (5) there shall be inserted - 

(a) a statement or deposition is tendered in evidence in accordance with the said section 5A, or

(b) a written statement is tendered in accordance with the said section 9,

the name of the maker of the statement or deposition shall be read aloud unless the court otherwise directs.".

(a) under section 5B(4), 5C(4), 5D(5) or 5E(3) of the Act of 1980; or

(b) under sub-section (6) of the said section 9,

in any proceedings before a magistrates' court any part of the evidence has to be read out aloud, or an account has to be given orally of so much of any evidence as is not read out aloud, the evidence shall be read or the account given by or on behalf of the party which has tendered the evidence.";

(a) evidence is tendered as indicated in paragraph (2)(a), retained by the court, and not sent to the Crown Court under rule 11, or

(b) a written statement is tendered in evidence as indicated in paragraph (2)(b) and not sent to the Crown Court under rule 17 or 18,

all such evidence shall, subject to any direction of the court in respect of non-documentary exhibits falling within sub-paragraph (a), be preserved for a period of three years by the clerk of the magistrates' court.".