Page:Magistrates’ Courts Act 1980.pdf/72

64c. 43


 * (d) where the inquiry into the offence takes place after the court has discontinued to try it summarily and the child has given evidence in the summary trial.

(3) Section 28 above shall not apply to any statement admitted in pursuance of subsection (1) above.

(4) In this section “child” has the same meaning as in the Children and Young Persons Act 1933 and “sexual offence” means any offence under the Sexual Offences Act 1956 or the Indecency with Children Act 1960 or section 1(1)(a) of the Protection of Children Act 1978, or any attempt to commit such an offence.

104. Where a person is convicted of a summary offence by a magistrates’ court, other than a juvenile court, and—
 * (a) it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that not less than 7 days previously a notice was served on the accused in the prescribed form and manner specifying any alleged previous conviction of the accused of a summary offence proposed to be brought to the notice of the court in the event of his conviction of the offence charged; and
 * (b) the accused is not present in person before the court,

the court may take account of any such previous conviction so specified as if the accused had appeared and admitted it.

105.—(1) Where a person appears to a justice of the peace to be able and willing to give material information relating to an indictable offence or to any person accused of an indictable offence, and—
 * (a) the justice is satisfied, on a representation made by a duly qualified medical practitioner, that the person able and willing to make the statement is dangerously ill and unlikely to recover; and
 * (b) it is not practicable for examining justices to take the evidence of the sick person in accordance with the provisions of this Act and the rules,

the justice may take in writing the deposition of the sick person on oath.

(2) A deposition taken under this section may be given in evidence before examining justices inquiring into an information against the offender or in respect of the offence to which the