PART 4

EVIDENCE

Television link evidence
91
1
The 1995 Act is amended as follows.
2
In section 273 (television link evidence from abroad), in subsection (1), for “solemn” substitute “criminal”.
3
After that section insert—

Evidence from other parts of the United Kingdom

Television link evidence from other parts of the United Kingdom
273A
1
In any criminal proceedings in the High Court or the sheriff court a person other than the accused may give evidence through a live television link if—
a
the witness is within the United Kingdom but outside Scotland,
b
an application under this section for the issue of a letter of request has been granted, and
c
the court is satisfied as to the arrangements for the giving of evidence in that manner by that witness.
2
The prosecutor or the defence in any proceedings referred to in subsection (1) may apply for the issue of a letter of request.
3
The application must be made to a judge of the court in which the trial is to take place or, if that court is not yet known, to a judge of the High Court.
4
The judge may, on an application under this section, issue a letter to a court or tribunal exercising jurisdiction in the place where the witness is ordinarily resident requesting assistance in facilitating the giving of evidence by that witness through a live television link, if the judge is satisfied of the matters set out in subsection (5).
5
Those matters are—
a
that the evidence which it is averred the witness is able to give is necessary for the proper adjudication of the trial,
b
that the granting of the application—
i
is in the interests of justice, and
ii
in the case of an application by the prosecutor, is not unfair to the accused.
.