Witnesses Examination Act 1900 (NSW)

Witnesses Examination Act 1900 No 34

An Act to consolidate enactments relating to the examination of witnesses and production of documents in certain cases.

1 Name of Act This Act may be cited as the Witnesses Examination Act 1900.

2 Repeal The Acts mentioned in the Schedule to this Act are, to the extent therein expressed, hereby repealed.

3 Definitions In this Act, unless the context or subject-matter otherwise indicates or requires: the Court means the Supreme Court. Judge means a Judge of the Court.

4, 5 (Repealed)

6 Examinations on commission etc in criminal proceedings (1) In any criminal proceeding, if any witness is out of the jurisdiction of the Court or above 320 kilometres from the intended place of trial or is from age or infirmity unable to attend the trial or if the testimony of any witness is in danger of being lost by reason of age or infirmity or by reason of being about to depart out of the jurisdiction or to some place beyond the said distance of 320 kilometres, the Court or a Judge may, on the application or with the consent of the Attorney-General, the Director of Public Prosecutions or the Crown Prosecutor as well as the prisoner, but not otherwise, direct: (a) that any such witness within the jurisdiction of the Court be examined on oath, either viva voce or upon interrogatories or otherwise, before a specified officer of the Court or other specified person, or (b) that a commission do issue for the examination of such witness on oath, either viva voce or upon interrogatories or otherwise, at any place in or out of the jurisdiction. (2) The Court or Judge may, at the same time or subsequently, give all such directions touching the time, place, and manner of such examination, as well within the jurisdiction as without, and all other matters and circumstances connected with such examination as appear reasonable and just.