Northern Territory Numbered Acts

JUSTICE LEGISLATION AMENDMENT (COMMITTALS REFORM) ACT 2010 (NO 31 OF 2010) - SECT 18

Section 152

repeal, substitute

152     Evidence at trial if witness dead or ill

    (1)     This section applies if a defendant is committed for trial and a witness whose evidence was admitted at the preliminary examination is unable to give evidence at the trial because the witness is dead or so ill as not to be able to travel.

    (2)     If this section applies the following are admissible as evidence at the trial without further proof:

    (a)     the handed-up witness statement of the witness (to the extent to which it was admitted); and

    (b)     if the witness gave oral evidence at the preliminary examination, the deposition of the witness.