Criminal Code (Cap. 9), article 647

647. (1) If it shall be necessary to examine any person who either through infirmity or old age is unable to appear in cour t, such person shall be examined by the c ourt, or, if the court so orde rs, by a member of the court, in th e place of his or her abode: Provided that the court may delegate the taking of the evidence of any such witness to one of the magistrates for the Island in which the witness resides, or to a judicial assistant . (2) When the evidence required is that of a person who does not reside in the Island in which the proceedings are taking pl ace and it is represented to the court that such person is about to leave Malta, the court may delegate the taking of the evidence to one of the persons to whom the taking of evidence may be delegated und er sub-article (1); and in the case of a witness who is to be exam ined in Gozo or Comino, the court may also, if the circumstances so warrant and the Attorney General does not object, authorise the registrar to take such evidence and administer th e necessary oa th. Right of accused to be present. (3) The party charged or accused is entitled to be present at th e examination. Reading out of evidence in court. (4) The evidence taken in accordance with the provisions of this article shall be read out in court, and a note to that eff ect shall be entered in the record. Audio-recording or video- recording of evidence. Added by: XXXI.2002.206. Amended by: VIII.2015.37; VIII.2017.6.