SCHEDULES

SCHEDULE 2Evidence given by television link or telephone

Part 1Evidence given by television link

Securing attendance of witnesses

1I4

The nominated court has the like powers for securing the attendance of the witness to give evidence through the link as it has for the purpose of proceedings before the court.

Annotations:
Commencement Information
I4

Sch. 2 para. 1 in force at 26.4.2004 by S.I. 2004/786, art. 3

2I8

In Scotland the nominated court has power to issue a warrant to officers of law to cite the witness for the purpose of securing his attendance to give evidence through the link, and section 156 of the Criminal Procedure (Scotland) Act 1995 (c. 46) applies in relation to the witness if so cited.

Annotations:
Commencement Information
I8

Sch. 2 para. 2 in force at 26.4.2004 by S.I. 2004/786, art. 3

Conduct of hearing

3I6

The witness is to give evidence in the presence of the nominated court.

Annotations:
Commencement Information
I6

Sch. 2 para. 3 in force at 26.4.2004 by S.I. 2004/786, art. 3

4I2

The nominated court is to establish the identity of the witness.

Annotations:
Commencement Information
I2

Sch. 2 para. 4 in force at 26.4.2004 by S.I. 2004/786, art. 3

5I1

The nominated court is to intervene where it considers it necessary to do so to safeguard the rights of the witness.

Annotations:
Commencement Information
I1

Sch. 2 para. 5 in force at 26.4.2004 by S.I. 2004/786, art. 3

6I7

The evidence is to be given under the supervision of the court of the country concerned.

Annotations:
Commencement Information
I7

Sch. 2 para. 6 in force at 26.4.2004 by S.I. 2004/786, art. 3

7I10

The evidence is to be given in accordance with the laws of that country and with any measures for the protection of the witness agreed between the Secretary of State and the authority in that country which appears to him to have the function of entering into agreements of that kind.

Annotations:
Commencement Information
I10

Sch. 2 para. 7 in force at 26.4.2004 by S.I. 2004/786, art. 3

8I3

Rules of court under section 49 must make provision for the use of interpreters.

Annotations:
Commencement Information
I3

Sch. 2 para. 8 in force at 26.4.2004 by S.I. 2004/786, art. 3

Privilege of witness

9I5

1

The witness cannot be compelled to give any evidence which he could not be compelled to give in criminal proceedings in the part of the United Kingdom in which the nominated court exercises jurisdiction.

2

The witness cannot be compelled to give any evidence if his doing so would be prejudicial to the security of the United Kingdom.

3

A certificate signed by or on behalf of the Secretary of State or, where the court is in Scotland, the Lord Advocate to the effect that it would be so prejudicial for that person to do so is to be conclusive evidence of that fact.

4

The witness cannot be compelled to give any evidence in his capacity as an officer or servant of the Crown.

5

Sub-paragraphs (2) and (4) are without prejudice to the generality of sub-paragraph (1).

Annotations:
Commencement Information
I5

Sch. 2 para. 9 in force at 26.4.2004 by S.I. 2004/786, art. 3

Record of hearing

10I9

Rules of court under section 49 must make provision—

a

for the drawing up of a record of the hearing,

b

for sending the record to the external authority.