§ .—(1) Subject to sub-paragraph (3) below, sub-paragraph (2) below applies where in pursuance of paragraph 4 above a person has his evidence taken as a deposition.
§ (2) Where this sub-paragraph applies the deposition may without further proof be read as evidence on the trial of the accused, whether for an offence for which he was sent for trial under section 51 of this Act or for any other offence arising out of the same transaction or set of circumstances.
§ (3) Sub-paragraph (2) above does not apply if—
- (a) it is proved that the deposition was not signed by the justice by whom it purports to have been signed;
- (b) the court of trial at its discretion orders that subparagraph (2) above shall not apply; or
- (c) a party to the proceedings objects to sub-paragraph (2) above applying.
§ (4) If a party to the proceedings objects to sub-paragraph (2) applying the court of trial may order that the objection shall have no effect if the court considers it to be in the interests of justice so to order.'.—[Mr. Michael.]