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Explanatory Memorandum to Criminal Justice (Evidence) (Northern Ireland) Order 2004

Evidence by video recording

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.

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