A on his trial before the Court of Session says that a deposition was improperly taken by B the Magistrate B can not be compelled to answer the question as to this except upon________________?
Correct answer: A. Special Order of Superior Court
- A. Special Order of Superior Court
- B. His own wish
- C. Order of Advocate General
- D. None of these
Explanation
A judicial officer such as a Magistrate cannot ordinarily be compelled to explain how a deposition was taken; a special order of a superior court is required. This protects judicial independence while allowing exceptional review.
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Criminal law identifies offences against the state, persons and property, and explains the requirements of actus reus and mens rea for establishing liability. It also covers stages of crime, abetment, attempt, joint and common intention, general exceptions, criminal responsibility and punishments, distinguishing substantive offences from criminal procedure.
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