Evidence to be taken in presence of accused
264. Except as otherwise expressly provided all evidence taken under Chapters XIX and XX shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his advocate.
Recording evidence in summons cases
(1) In summons cases tried before a Magistrate, the Magistrate shall, as the examination of each witness proceeds, make a note of the substance of what the witness deposes, and such note shall be written by the Magistrate with his own hand in legible handwriting and shall form part of the record.
(2) If the Magistrate is prevented from making a note as required in subsection (1) he shall record the reason of his inability to do so and shall cause such note to be made in writing from his dictation in open court and shall sign the same, and such note shall form part of the record.
Recording evidence in other cases
1. In all other trials before a Magistrate’s Court, and in all inquiries under Chapter XI, the evidence of each witness shall be taken down in legible handwriting by the presiding Magistrate and shall form part of the record.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;