Commentary on Sections Part 2: Committal for trial Chapter 1 – Preliminary investigations and mixed committals Section 8: Mixed committals: evidence on oath at preliminary inquiry
This section amends Article 34(2) of the 1981 Order (giving of evidence on oath at a preliminary inquiry) to provide that the prosecution or the accused may apply to the court for leave to require the giving of evidence on oath at a preliminary inquiry. Such leave will only be granted if, in the opinion of the court, this is necessary in the interests of justice.