Examination of witness through intermediaryN.I.
17.—(1) A special measures direction may provide for any examination of the witness (however and wherever conducted) to be conducted through an interpreter or other person approved by the court for the purposes of this Article ( “an intermediary”).
(2) The function of an intermediary is to communicate—
(a)to the witness, questions put to the witness, and
(b)to any person asking such questions, the answers given by the witness in reply to them,
and to explain such questions or answers so far as necessary to enable them to be understood by the witness or person in question.
(3) Any examination of the witness in pursuance of paragraph (1) must take place in the presence of such persons as rules of court or the direction may provide, but in circumstances in which—
(a)the judge and legal representatives acting in the proceedings are able to see and hear the examination of the witness and to communicate with the intermediary, and
(b)(except in the case of a video recorded examination) the jury (if there is one) are able to see and hear the examination of the witness.
(4) Where two or more legal representatives are acting for a party to the proceedings, paragraph (3)(a) is to be regarded as satisfied in relation to those representatives if at all material times it is satisfied in relation to at least one of them.
(5) A person may not act as an intermediary in a particular case except after making a declaration, in such form as may be prescribed by rules of court, that he will faithfully perform his function as intermediary.
(6) Paragraph (1) does not apply to an interview of the witness which is recorded by means of a video recording with a view to its admission as evidence in chief of the witness; but a special measures direction may provide for such a recording to be admitted under Article 15 if the interview was conducted through an intermediary and—
(a)that person complied with paragraph (5) before the interview began, and
(b)the court's approval for the purposes of this Article is given before the direction is given.
(7) Article 3 of the [1979 NI 19.] Perjury (Northern Ireland) Order 1979 (perjury) shall apply in relation to a person acting as an intermediary as it applies in relation to a person lawfully sworn as an interpreter in a judicial proceeding; and for this purpose, where a person acts as an intermediary in any proceeding which is not a judicial proceeding for the purposes of that Article, that proceeding shall be taken to be part of the judicial proceeding in which the witness's evidence is given.
Commencement Information
I1Art. 17 in operation at 10.5.2013 for specified purposes by S.R. 2013/126, art. 2; art. 17 in operation for specified purposes at 11.11.2013 by S.R. 2013/251, art. 2(a)
I2Art. 17 in operation at 1.4.2015 for specified purposes by S.R. 2015/157, art. 2
I3Art. 17 in operation at 3.4.2017 for specified purposes by S.R. 2017/5, art. 2(b)