New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 286

286 Depositions tendered by accused person

(1) The deposition of any witness called and examined before a judge by and on behalf of the accused person may, if the accused person so requires, be admitted as evidence in his or her defence at the trial--

(a) if the witness--

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

(ii) is absent from Australia, or

(b) if the committing Magistrate has certified, before committing the accused person for trial, that in the opinion of the Magistrate--

(i) the evidence of the witness is material, and

(ii) the witness is willing to attend the trial, but is unable to bear the expense of attendance.

(2) A deposition may not be admitted as evidence on the ground referred to in subsection (1) (b) if the witness has, in due time before the trial, been subpoenaed by the Crown.

(3) In this section--

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