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CHILD CAREAND PROTECTION
Extension
of power to
take statement
of child.
Second
Schedule.
Admission in
evidence of
deposition
of child.
offence is alleged to have been committed is not essential to the
just hearing of the case, the case may be proceeded with and
determined in the absence of the child.
18.-(1)
Where a Justice of the Peace is satisfied by the
statement of a duly qualified medical practitioner that the
attendance before a court of any child, in respect of whom any
of the offences mentioned in the Second Schedule is alleged to
have been committed, would involve serious danger to the life
or health of the child, the Justice of the Peace may take in
writing the deposition of the child on oath, and shall thereupon
subscribe the statement and add thereto a declaration of his
reason for taking it and of the date on which, and the place
where, it was taken, and of the names of the persons (if any)
present at the taking thereof.
(2) The Justice of the Peace taking any such statement
shall transmit it with the Justice's declaration-
(a) if the statement relates to an offence for which any
accused person is already committed for trial, to the
proper officer of the court for trial at which the accused
person has been committed;
(b)
in any other case, to the clerk of the court lbefore which
proceedings are pending in respect of the offence.
19.
Where, in any proceedings ir respect of any of the
offences mentioned in the Second Schedule, the court is
satisfied by the evidence of a duly qualified medical practitioner
that the attendance before the court of any child, in respect of
whom the offence is alleged to have been committed, would
involve serious danger to the child's life or health, any
deposition of the child taken under Part
I1
of the Justices of the
Peace Jurisdiction Act, or under this Part of this Act, shall be
admissible in evidence either for or against the accused person
without further proof thereof if it purports to be signed by the
Justice of the Peace by or before whom it purports to be taken:
Provided that the deposition shall not be admissible in
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is
authorized
by
L.N.
111120051