COMMITTAL PROCEEDINGS
SIR.—Pharos has dealt with two advantages of com- mittal proceedings before magistrates, namely to determine whether there is sufficient evidence to put an accused on trial and to assist defending counsel to prepare his case with the help of the depositions.
It is, however, of equal importance that the prosecu- tion should know with some certainty before the trial what evidence-in-chief a witness is likely to give when he steps into the witness box at assizes or quarter sessions. .
In theory, of course, this evidence will follow closely upon the lines of his statement made to the police, but in practice—for a variety of reasons— many witnesses fail to 'come up to proof' when they first give evidence on oath.
It is, therefore, vital that ordinary witnesses as to fact should give evidence in the normal way before the magistrates so that the case for the prosecution, when 'opened' at the trial, will be a reasonably accurate summary of the evidence about to be called.
However, the evidence of some witnesses is purely formal and that of others (such as auditors, doctors, forensic science experts and police officers) is unlikely to vary substantially from their statements.
In 1948 the Departmental Committee on Deposi- tions, under the chairmanship of Mr. Justice Byrne, made detailed and admirable recommendations whereby much time and money could be saved in respect of these two classes of witness.
In brief, it was proposed that; subject to the con- sent of the defence, the evidence of formal witnesses could be given in their absence by means of statutory declarations and that of others by the production of draft depositions.
I cannot trespass further on your space by elaborat- ing on these proposals, but it is to be hoped that all the recommendations of the Committee will be implemented by legislation as soon as possible.
I attach my name and address together with my reasons for begging leave to remain—Yours faith- fully, PRIMA FACIE
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