Search Legislation

The Criminal Justice (Evidence) (Northern Ireland) Order 2004

Status:

This is the original version (as it was originally made).

Video Recording

Evidence by video recording

39.—(1) This Article applies where—

(a)a person is called as a witness in proceedings for —

(i)an offence triable only on indictment, or

(ii)a prescribed relevant offence,

(b)the person claims to have witnessed (whether visually or in any other way)—

(i)events alleged by the prosecution to include conduct constituting the offence or part of the offence, or

(ii)events closely connected with such events,

(c)he has previously given an account of the events in question (whether in response to questions asked or otherwise),

(d)the account was given at a time when those events were fresh in the person’s memory (or would have been, assuming the truth of the claim mentioned in sub-paragraph (b)),

(e)a video recording was made of the account,

(f)the court has made a direction that the recording should be admitted as evidence in chief of the witness, and the direction has not been rescinded, and

(g)the recording is played in the proceedings in accordance with the direction.

(2) If, or to the extent that, the witness in his oral evidence in the proceedings asserts the truth of the statements made by him in the recorded account, they shall be treated as if made by him in that evidence.

(3) A direction under paragraph (1)(f)—

(a)may not be made in relation to a recorded account given by the defendant;

(b)may be made only if it appears to the court that—

(i)the witness’s recollection of the events in question is likely to have been significantly better when he gave the recorded account than it will be when he gives oral evidence in the proceedings, and

(ii)it is in the interests of justice for the recording to be admitted, having regard in particular to the matters mentioned in paragraph (4).

(4) Those matters are—

(a)the interval between the time of the events in question and the time when the recorded account was made;

(b)any other factors that might affect the reliability of what the witness said in that account;

(c)the quality of the recording;

(d)any views of the witness as to whether his evidence in chief should be given orally or by means of the recording.

(5) For the purposes of paragraph (2) it does not matter if the statements in the recorded account were not made on oath.

(6) In this Article—

“prescribed” means of a description specified in an order made by the Secretary of State;

“relevant offence” means an offence—

(a)

to which paragraph (1)(a)(i) does not apply, and

(b)

which is triable on indictment.

Video evidence: further provisions

40.—(1) Where a video recording is admitted under Article 39, the witness may not give evidence in chief otherwise than by means of the recording as to any matter which, in the opinion of the court, has been dealt with adequately in the recorded account.

(2) The reference in paragraph (1)(f) of Article 39 to the admission of a recording includes a reference to the admission of part of the recording; and references in that Article and this one to the video recording or to the witness’s recorded account shall, where appropriate, be read accordingly.

(3) In considering whether any part of a recording should not be admitted under Article 39, the court must consider—

(a)whether admitting that part would carry a risk of prejudice to the defendant, and

(b)if so, whether the interests of justice nevertheless require it to be admitted in view of the desirability of showing the whole, or substantially the whole, of the recorded interview.

(4) A court may not make a direction under Article 39(1)(f) in relation to any proceedings unless—

(a)the Secretary of State has notified the court that arrangements can be made, in the county court division in which it appears to the court that the proceedings will take place, for implementing directions under that Article, and

(b)the notice has not been withdrawn.

(5) Nothing in Article 39 affects the admissibility of any video recording which would be admissible apart from that Article.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources