Section 56: Holding of inquiry
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.
56. Holding of inquiry
(1) An inquiry under this Act shall, subject to this section, be held by the
Magistrate in open Court, but the Magistrate may, where he thinks it advisable in the interests of justice, order that no person shall have access to or
remain in Court during the proceedings or any part of them.
(2) (a) Where it is established to the satisfaction of the Magistrate that a
witness is unable, through illness or any other good and sufficient cause, to
attend Court, the Magistrate may proceed to any place, whether inside or
outside his district, for the purpose of taking the deposition of such witness.
(b) No such deposition shall be taken unless the accused is present.
(3) Nothing in this section shall prevent the taking of a dying declaration
in the absence of the accused.
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Questions this section answers
- Is my inquiry normally held in open court, or can the Magistrate order the public excluded?
- Can a deposition be taken from a sick witness outside the courtroom without me being present?