ABSTRACT
This expression is wider than the earlier provision in s 13(3) of the Criminal Justice Act 1925, which allowed a deposition to be read at trial where the witness had been ‘kept out of the way by means of the procurement of the accused or on his behalf’. It now seems to be sufficient if the witness is ‘kept out of the way’ by anyone, but it is unclear whether this condition would be satisfied if the police had decided to keep a witness out of the way for his own protection.
