''TITLE VI Witnesses, 29. Mode of examination of witness''
Every witness shall be examined upon oath, but if any witness refuses or is unwilling from alleged conscientious motives to be sworn, it shall be lawful for the Court, upon being satisfied of the sincerity of his or her objection, to allow him or her to make a solemn affirmation, which shall have the same force and effect as if he or she had taken an oath in the usual form, and shall, if untrue, entail the same penalties as are provided against persons guilty of perjury.
''TITLE XI, Miscellaneous Matters, Attendance of Prisoners as Witnesses, 62. Power of the Court to order persons confined in prison to attend the Court to give evidence''
(2)The gaoler shall upon receipt thereof act in accordance with the warrant, and the police shall provide for the safe custody of the person during his or her absence from the prison for the purpose aforesaid and return him or her to the prison in due course.
''BOOK III Procedure Relating to Indictable Offences, PART IV Preliminary Inquiry before a Magistrate, TITLE XV Proceedings up to Committal, 102.Taking of evidence for prosecution''
(1) When the accused is before a Magistrate at a preliminary inquiry, the Magistrate shall take the evidence of the witnesses called on the part of the prosecution.
(2) The evidence of every witness shall be given in the presence of the accused; and the accused, or his or her counsel, shall be entitled to cross-examine each witness.
The evidence of every witness shall be taken down in writing by the Magistrate in a legible hand, and on one side only of the paper, in the form of a deposition, and as nearly as possible in the witness’ own words.
(3) The deposition shall, at some time before the accused is called on for his or her defence, be read over to and signed by the witness and the Magistrate; the accused, the witness and the Magistrate being all present together at the time of the reading and signing.
(4) Any witness who refuses, without reasonable excuse, to sign his or her deposition, may be committed by the Magistrate holding the inquiry by a warrant to prison, there to be kept until after the trial, or until the witness signs his or her deposition before a Magistrate:
(5) Provided that, if the accused person is afterwards discharged, any Magistrate may order any such witness to be discharged.
(6) The signature of the Magistrate may be either at the end of the deposition of each witness, or at the end of several or of all the depositions, in such a form as to show that the signature is meant to authenticate each separate deposition.
''BOOK III Procedure Relating to Indictable Offences, PART IV Preliminary Inquiry before a Magistrate, TITLE XV Proceedings up to Committal,109. Procedure where person able to give material evidence is dangerously ill''
(1) Whenever it appears to a Magistrate that any person able to give material evidence either for or against the accused in respect of any indictable offence, is so dangerously ill, that it is not practicable to take his or her evidence according to the usual course of law, the Magistrate, if he or she thinks fit, or any Justice of the Peace so authorised by any such Magistrate, may take his or her deposition, first giving the prosecutor and the accused such reasonable notice as the case admits, that he or she intends to take it, specifying the time and place, and stating that the prosecutor and the accused will be at liberty to attend and cross-examine such person. Copies of the deposition shall be transmitted by the Magistrate or by the Justice of the Peace, as the case may be, to the Registrar, and to the prosecutor and accused, or to the places of abode of the prosecutor and accused.
(2) If the accused is in prison, the Magistrate, by order in writing, may direct the gaoler to convey him or her to the place and at the time notified, and the gaoler shall convey him or her accordingly.
''BOOK III Procedure Relating to Indictable Offences, PART IV Preliminary Inquiry before a Magistrate, TITLE XVI Proceedings Subsequent to Committal, 111. Taking deposition of witness after committal of accused person''
(1) After any person has been committed for trial, proof upon oath may be given, either by the prosecutor or the accused person, that any person who has not been examined as a witness is able to give evidence tending to prove either the guilt or the innocence of the accused.
''BOOK III Procedure Relating to Indictable Offences, PART VII Miscellaneous Provisions, TITLE XXI
Miscellaneous Matters, 198. Admissibility of deposition as evidence in certain cases''
(3)If it is made to appear to the Judge that the witness who made the deposition may, within a reasonable time, be capable of attending to give evidence, and that the ends of justice require that the witness should be examined personally before the jury, the Court may postpone the trial on such terms as may seem proper.
1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.
2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.