The Magistrates' Courts (Amendment) Rules (Northern Ireland) 1996

Amendment to the 1969 Rules

6.  After Rule 10 of the 1969 Rules, there shall be inserted the following new Rules—

“Evidence through television link where witness will not give evidence otherwise through fear or is a child or is to be cross-examined after admission of video recording

10A.   Rule 149A of the Magistrates' Courts Rules (Northern Ireland) 1984 shall apply to any application made to the court under Article 81(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989.

Video recordings of testimony from a child

10B.— (1) In proceedings for an offence to which Article 81(3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (in this Rule known as “the 1989 Order”) applies, any party may apply to the court for leave under Article 81A(2) of the 1989 Order to tender in evidence a video recording of testimony if—

(a) in the case of an offence falling within Article 81(3)(a) or (b) of the 1989 Order, the witness is under the age of 14 or, if he was under 14 when the video recording was made, is under the age of 15; or

(b) in the case of an offence falling within Article 81(3)(c) of the 1989 Order, the witness is under the age of 17 or, if he was under 17 when the video recording was made, is under the age of 18; and

the video recording is of an interview conducted between an adult and a person coming within sub-paragraph (a) or (b) (not being the accused or one of the accused) which relates to any matter or issue in the proceedings.

(2) An application under paragraph (1) shall be made by giving notice in writing, which shall be in the form prescribed in Form 75 in the Schedule. Such notice shall state the grounds of the application and shall be accompanied by the video recording which it is proposed to tender in evidence and shall include the following, namely—

(a) the name of the accused and the offence or offences charged;

(b) the name and date of birth of the witness in respect of whom the application is made;

(c) the date on which the video recording was made;

(d) a statement that in the opinion of the applicant the witness is willing and able to attend the trial for cross-examination;

(e) a statement of the circumstances in which the video recording was made which complies with paragraph (4); and

(f) the date on which the video recording was disclosed to the other party or parties.

(3) Where it is proposed to tender part only of a video recording of an interview with the witness, an application under paragraph (1) must specify that part and be accompanied by a video recording of the entire interview including those parts of the interview which it is not proposed to tender in evidence and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4).

(4) The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(e) and (3) shall include the following information, except insofar as it is contained in the recording itself, namely—

(a) the times at which the recording commenced and finished, including details of any interruptions;

(b) the location at which the recording was made and the usual function of the premises;

(c) the name, age and occupation of any person present at any point during the recording, the time for which he was present and his relationship (if any) to the witness and to the accused;

(d) a description of the equipment used, including the number of the cameras used and whether they were fixed or mobile, the number and location of microphones and the video format used and whether there were single or multiple recording facilities; and

(e) the location of the mastertape if the video recording is a copy and details of when and by whom the copy was made.

(5) An application under paragraph (1) shall be made not less than 14 days before the commencement of the proceedings to which the application relates.

(6) The period of 14 days under paragraph (5) may be abridged at any time by the court on an application made in writing, specifying the grounds of the application. The clerk of petty sessions shall notify all the parties of the decision of the court on the application for extension of time.

(7) The notice under paragraph (2) or (6) shall be served on the clerk of petty sessions and, at the same time, copies thereof shall be served by the applicant on every other party to the proceedings. Copies of any video recording required by paragraph (2) or (3) to accompany the notice shall at the same time be sent to the court and to any other party who has not already been served with a copy, or in the case of an accused acting in person, shall be made available for viewing by him.

(8) A party who receives a copy of a notice under paragraph (2) shall, within 7 days of service of the notice, notify the applicant and the clerk of petty sessions in writing—

(a) whether he objects to the admission of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for it to be admitted;

(b) whether he would agree to the admission of part of the video recording or recording disclosed and if so, which part; and

(c) whether he wishes to be represented at any hearing of the application.

(9) After the expiry of the period referred to in paragraph (8) the court shall determine whether an application under paragraph (1) is to be dealt with—

(a) without a hearing; or

(b) where any party notifies the clerk of petty sessions pursuant to paragraph (8) that he objects to the admission of any part of the video recording and that he wishes to be represented at any hearing, or in any other case where the court so directs, at a hearing at which the applicant and such other party or parties as the court may direct may be represented,

and the clerk of petty sessions shall notify the applicant and, where necessary, the other party or parties, of the time and place of any such hearing.

(10) The clerk of petty sessions shall within 3 working days of the decision of the court in relation to an application under paragraph (1) being made, notify all the parties of it in the form prescribed in Form 76 in the Schedule, and, where leave is granted, the notification shall state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence.”.