Section 103: Video recorded evidence in chief: supplementary testimony
504.Section 27 of the 1999 Act enables the court to give a special measures direction that allows a video recorded statement to be admitted as a witness’s evidence in chief. Section 103 amends this section so as to relax the restrictions on a witness giving additional evidence in chief after the witness’s video-recorded statement has been admitted.
505.Subsection (2) removes the prohibition on asking a witness questions about matters the court considers have been covered adequately in the recorded statement. The effect of this is that the witness may be asked additional questions regarding:
matters that are not covered in the recorded statement (as is now the case under section 27 of the 1999 Act), and
matters that are covered in the recorded statement (so long as the permission of the court is given).
506.Subsections (3) and (4) remove the requirement that where an application to ask additional questions is made by a party, the court can give permission to ask a witness supplementary questions only if there has been a material change in circumstances since the court gave the direction to admit the recording.