New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 285

285 Depositions tendered by prosecution

(1) A deposition may be admitted as evidence for the prosecution at the trial of an accused person on proof on oath of each of the following matters--

(a) that the deponent--

(i) is dead, or so ill as not to be able to travel or to give evidence without a risk of endangering the deponent's life, or

(ii) is absent from Australia,

(b) that the deposition was recorded--

(i) by or in the presence of the Judge before whom it was taken, and

(ii) in the presence of the accused person or during any period when the accused person (having been excused under section 72) was absent,

(c) that the accused person, or his or her Australian legal practitioner, had full opportunity to cross-examine the witness, or that the accused person (having been excused under section 72) was absent when the deposition was taken and was not represented by an Australian legal practitioner.

(2) The deposition--

(a) must be in writing, signed by the Judge by or before whom the deposition was taken, or

(b) must be in the form of a written transcript of matter recorded by means, other than writing, authorised by law for the recording of depositions.

(3) If the deposition is in the form of a written transcript referred to in subsection (2) (b), it must be proved on oath--

(a) that the record so made is a true record of the matter so deposed, and

(b) that the transcript of the record is a correct transcript of that record.

(4) If it appears from the deposition--

(a) that it was made in the presence of the accused person, and

(b) that the accused person, or his or her Australian legal practitioner, had full opportunity to cross-examine the witness,

the deposition is taken to have been so made and the accused person, or his or her Australian legal practitioner, is taken to have had such an opportunity, unless proved to the contrary.

(5) If it appears from the deposition--

(a) that it was made while the accused person (having been excused under section 72) was absent, and

(b) that the accused person was not represented by an Australian legal practitioner at that time,

the deposition is taken to have been so made and the accused person is taken to have not been represented by an Australian legal practitioner, unless proved to the contrary.

(6) In this section--

"Judge" includes a coroner holding office under the Coroners Act 2009 .