STRICT PROCEDURE

New Zealand Times, Volume XXXVII, Issue 8347, 6 February 1913, Page 11

STRICT PROCEDURE

IN MAGISTRATE’S COURT. READING OF DEPOSITIONS. Consequent upon an objection raised by Mr T. Neave during the hearing of a case at the Supreme Court this week a procedure which has probably not been in vogue for some years was adopted at the Magistrate’s Court yesterday. It consisted in the whole of the evidence taken in cases being read over to accused persons at the conclusion of the hearings. This is in compliance with section 148 of the Justices of the Peace Act, which provides that “when the examination of the witnesses on the part of the prosecution has been completed, the justice before whom such examination was so completed shall, without requiring the attendance of the witnesses, read or cause to he read to the accused the depositions taken against him." ' Formerly, it has been the custom when a witness finishes his evidence for the clerk to read it back to him, so that any errors might be corrected. Meanwhile the accused person listened. Afterwards, when the case had concluded, the clerk would, as required by section 148 of the Act, say the following words (known as the “caution”) to the accused: “Having heard the evidence, do you wish to say anything in answer to the charge. You are not obliged to say anything unless you desire to do so, but whatever you do say will be taken down in writing and may be given in evidence against you upon your trial; and, you are clearly to understand that you have nothing to hope from, any promise of favour and nothing to fear from, any threat which may have been held out to you to induce you to make any admission or confession of your guilt; hut that, whatever you now say may be given in evidence against you upon your trial, notwithstanding such promise or threat.” The accused would then state whether or not he desired to say anything. Yesterday the evidence was read to each witness, and finally the whole of it was repeated to the accused before tbe “caution” was administered. As the depositions were lengthy, the proceedings were a little more protracted than usual.