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Section 47:

DISTRICT AND INTERMEDIATE COURTS (CRIMINAL JURISDICTION) ACT, No · PART II: PRELIMINARY INQUIRY AND COMMITMENT FOR TRIAL

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

47. When depositions may be used as evidence (1) Where on the trial of such accused person, it is proved that any witness, whose deposition has been taken is dead or so ill as not to be able to travel, or has left the Island of Mauritius and there are no reasonable expectations of his speedy return, and also if it is proved that such deposition was taken in presence of the accused and that he or his barrister or attorney had a full opportunity of cross-examining the witness, then where such deposition purports to have been taken, it shall be lawful to read such deposition [Issue 4] D13 – 12 Revised Laws of Mauritius purports to have been taken, it shall be lawful to read such deposition as evidence in such prosecution without further proof of it, unless it is proved that the deposition was not in fact signed by the Magistrate purporting to sign the same. (2) This provision shall apply to the trial of an accused person by a Magistrate or an Intermediate Court for an offence within the jurisdiction of such Magistrate or Intermediate Court.

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