Part 1

Criminal justice modernisation

Modernisation of criminal procedures

Body-worn video evidence
7
1
The Criminal Procedure (Scotland) Act 1995 is modified as follows.
2
After section 283 insert—

Evidence as to time and place of body-worn video recordings
283A
1
For the purposes of any criminal proceedings—
a
where visual images (and any sounds) recorded on a body-worn video camera are produced in evidence by the prosecution, and
b
any or all of the time, date and place of the events recorded are displayed on the recording produced,
the recording is, so far as not disputed under subsection (3), sufficient evidence of the details that are displayed.
2
Subsection (1) does not apply in relation to visual images (and any sounds) recorded on a body-worn video camera unless the prosecutor has—
a
disclosed the recording to the accused, and
b
informed the accused in writing of the accused’s ability to serve a notice under subsection (3) and the period within which any such notice must be served.
3
If the accused, within the period specified in subsection (4), serves notice on the prosecutor that the accused disputes the accuracy of the details of the time, date or place of the events recorded (or of any part of those events) as displayed on the recording, subsection (1) does not apply in relation to the details that are disputed.
4
The period within which any notice under subsection (3) must be served is the period of 7 days beginning with the date on which the requirements of subsection (2) were met (or if they were met on different dates, the later of those dates).
5
For the purposes of this section, “body-worn video camera” means a video recording device issued to and worn by—
a
a constable, or
b
a person appointed as a member of police staff under section 26(1) of the Police and Fire Reform (Scotland) Act 2012,
together with any associated equipment required for recording visual images (and any sounds).
6
The Scottish Ministers may by regulations modify subsection (5) so as to add a person, vary the description of a person, or remove a person.
7
Before making regulations under subsection (6), the Scottish Ministers must consult—
a
the chief constable of the Police Service of Scotland,
b
the Lord Advocate, and
c
the Lord Justice General.
8
Regulations under subsection (6)—
a
may include transitional, transitory or saving provision,
b
are subject to the negative procedure.
.
S. 7 not in force at Royal Assent, see s. 34(4)