(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 his2021the person’s2021 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 his2021the Magistrate’s2021 intention to take it and of when and where he2021the Magistrate2021 intends to take it.
Section history
Section 294 — Procedure when prospective witness is ill
Consolidated view is experimental and may be broken for certain provisions.
Amendments
(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 he2021the deponent2021 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 her2021 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 he2021the person2021 or his2021the person’s2021 advocate might have been present and might have had, if he or she 2021had chosen to be present, full opportunity of cross-examination.2021cross‑examination.2021