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(1)A special measures direction may provide for a video recording of an interview of the witness to be admitted as evidence in chief of the witness.
(2)A special measures direction may, however, not provide for a video recording, or a part of such a recording, to be admitted under this section if the court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the recording, or that part of it, should not be so admitted.
(3)In considering for the purposes of subsection (2) whether any part of a recording should not be admitted under this section, the court must consider whether any prejudice to the accused which might result from that part being so admitted is outweighed by the desirability of showing the whole, or substantially the whole, of the recorded interview.
(4)Where a special measures direction provides for a recording to be admitted under this section, the court may nevertheless subsequently direct that it is not to be so admitted if—
(a)it appears to the court that—
(i)the witness will not be available for cross-examination (whether conducted in the ordinary way or in accordance with any such direction), and
(ii)the parties to the proceedings have not agreed that there is no need for the witness to be so available; or
(b)any rules of court requiring disclosure of the circumstances in which the recording was made have not been complied with to the satisfaction of the court.
(5)Where a recording is admitted under this section—
(a)the witness must be called by the party tendering it in evidence, unless—
(i)a special measures direction provides for the witness’s evidence on cross-examination to be given otherwise than by testimony in court, or
(ii)the parties to the proceedings have agreed as mentioned in subsection (4)(a)(ii); and
(b)the witness may not give evidence in chief otherwise than by means of the recording—
(i)as to any matter which, in the opinion of the court, has been dealt with adequately in the witness’s recorded testimony, or
(ii)without the permission of the court, as to any other matter which, in the opinion of the court, is dealt with in that testimony.
(6)Where in accordance with subsection (2) a special measures direction provides for part only of a recording to be admitted under this section, references in subsections (4) and (5) to the recording or to the witness’s recorded testimony are references to the part of the recording or testimony which is to be so admitted.
(7)The court may give permission for the purposes of subsection (5)(b)(ii) if it appears to the court to be in the interests of justice to do so, and may do so either—
(a)on an application by a party to the proceedings, if there has been a material change of circumstances since the relevant time, or
(b)of its own motion.
(8)In subsection (7) “the relevant time” means—
(a)the time when the direction was given, or
(b)if a previous application has been made under that subsection, the time when the application (or last application) was made.
(9)The court may, in giving permission for the purposes of subsection (5)(b)(ii), direct that the evidence in question is to be given by the witness by means of a live link; and, if the court so directs, subsections (5) to (7) of section 24 shall apply in relation to that evidence as they apply in relation to evidence which is to be given in accordance with a special measures direction.
(10)A magistrates’ court inquiring into an offence as examining justices under section 6 of the M1Magistrates’ Courts Act 1980 may consider any video recording in relation to which it is proposed to apply for a special measures direction providing for it to be admitted at the trial in accordance with this section.
(11)Nothing in this section affects the admissibility of any video recording which would be admissible apart from this section.
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