Part XII

Legal Proceedings

Special evidential provisions

Depositions of persons abroad admissible
286
1
If the evidence of any person is required in the course of any legal proceeding before a judge or magistrate in relation to the subject matter of the proceeding and it is proved that that person cannot be found in the United Kingdom, any deposition that he may have previously made at a place outside the United Kingdom in relation to the same subject matter shall, subject to subsection (2) below, be admissible in evidence in those proceedings.
2
For a deposition to be admissible under subsection (1) above in any proceedings, the deposition—
a
must have been taken on oath;
b
must have been taken before a justice or magistrate in any colony or a British consular officer in any other place;
c
must be authenticated by the signature of the justice, magistrate or officer taking it; and
d
must, if the proceedings are criminal proceedings, have been taken in the presence of the accused;
and, in a case falling within paragraph (d) above, the deposition shall be certified by the justice, magistrate or officer taking it to have been taken in the presence of the accused.
3
No proof need be given of the signature or official character of the person appearing to have signed any such deposition and, in any criminal proceedings, a certificate stating that the deposition was taken in the presence of the accused shall, unless the contrary is proved, be evidence (and in Scotland sufficient evidence) of that fact.
4
This section also applies to proceedings before any person authorised by law or consent of the parties to receive evidence.
5
Nothing in this section affects the admissibility in evidence of depositions under any other enactment or the practice of any court.