295. Taking of evidence before trial

Subject to subsection (2), where an application is made by the Public Prosecutor or the accused to a court for the evidence of a witness to be taken at any time before the date on which a criminal matter is fixed for trial, the court is to take the evidence of the witness appearing before it.

An application under subsection (1) can only be made if it is shown with respect to the witness that it is not reasonably practicable to secure the witness’s attendance at the time fixed for the trial.

The proceeding under this section must be conducted in the presence of the accused and co‑accused, if any.

The witness called by a party to give evidence in the proceeding under this section may be cross‑examined by any other party to the proceeding, after which the witness may be re‑examined by the party calling the witness to give evidence.

Any statement of a witness taken in proceedings under this section may be given in evidence in any trial under this Code (whether or not by the same judge hearing the proceedings) although the person is not called as a witness.