65.Article 39 permits a video recording of an interview with a witness (other than the defendant), or a part of such a recording, to be admitted as evidence in chief of the witness in a wider range of circumstances than is presently the case.
66.The court can authorise this provided that:
The person claims to be a witness to the offence (or part of it) or to events closely connected to the offence;
The video recording of the statement was made at a time when events were fresh in the witness’s memory; and
The alleged offence can only be tried in a Crown Court or is an either-way offence prescribed by Order of the Secretary of State.
67.If these requirements are satisfied the court may admit the recording provided that:
The witness’s recollection of events is likely to be significantly better at the time he gave the recorded account than by the time of the trial; and
It is in the interests of justice to admit it.