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s 134

Effect of depositions and undertakings as to bail taken or given elsewhere than at place of committal

In force
Part 5Proceedings in case of indictable offences
Division 9Examination of witnesses in another court district

134 Effect of depositions and undertakings as to bail taken or given elsewhere than at place of committal

(1)

Every deposition and undertaking as to bail delivered to justices in accordance with section 133 shall be deemed to have been taken or given in the case as if they had been taken, given or ordered to have been given by or before the justices who commit the defendant to be tried or for sentence or pursuant to their order and shall, together with such depositions and undertakings as to bail as are taken or given in the matter of the charge against the defendant by or before such last mentioned justices or pursuant to their order, be transmitted to the proper officer at the time and in the manner provided by this Act where the defendant is committed for trial or for sentence on a charge of an indictable offence.

(2)

Notwithstanding subsection (1), if such lastmentioned justices are of opinion that the evidence is not sufficient on which to commit the defendant to be tried or for sentence and order that the defendant be discharged as to the charge the subject matter of the examination, then every undertaking as to bail so given and delivered shall be of no force or effect.

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