BSA Section 127 — Judges and Magistrates

CHAPTER IX OF WITNESSES

General

Summary

No Judge or Magistrate shall be compelled to answer any question about their own conduct in court while acting as a Judge or Magistrate, or about anything that came to their knowledge in court in that capacity, unless a court to which they are subordinate issues a special order requiring them to answer. However, they may be examined about other matters that occurred in their presence while they were so acting.

Illustration (a): If a person on trial says that a deposition was improperly taken by a Magistrate, that Magistrate cannot be compelled to answer questions about this, except upon the special order of a superior court.

Illustration (b): If a person is accused of giving false evidence before a Magistrate, that Magistrate cannot be asked what the person said, except upon the special order of the superior court.

Illustration (c): If a person is accused of attempting to murder a police officer while on trial before a Sessions Judge, that Judge may be examined as to what occurred.

Official Text

No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any question as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting.

Illustrations.

(a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court.

(b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court.

(c) A is accused before the Court of Session of attempting to murder a police officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.

Referred to by

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