Criminal Justice Act 1988

32 Evidence through television links. E+W

(1) A person other than the accused may give evidence through a live television link [F1 in proceedings to which subsection (1A) below applies] if—

(a) the witness is outside the United Kingdom; [F2 or ]

[F3 (b) [F2 the witness is a child, or is to be cross-examined following the admission under section 32A below of a video recording of testimony from him, and the offence is one to which subsection (2) below applies,]]

but evidence may not be so given without the leave of the court.

[F4 (1A) This subsection applies—

(a) to trials on indictment, appeals to the criminal division of the Court of Appeal and hearings of references under [F5 section 9 of the Criminal Appeal Act 1995]]; and

(b) to proceedings in youth courts [F6 , appeals to the Crown Court arising out of such proceedings and hearings of references under section 11 of the Criminal Appeal Act 1995 so arising].

(2) [F7 This subsection applies—

(a) to an offence which involves an assault on, or injury or a threat of injury to, a person;

(b) to an offence under section 1 of the M1 Children and Young Persons Act 1933 (cruelty to persons under 16);

(c) to an offence under F8 . . . the M2 Protection of Children Act 1978 [F9 or Part 1 of the Sexual Offences Act 2003]; and

(d) to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b) or (c) above.]

(3) A statement made on oath by a witness outside the United Kingdom and given in evidence through a link by virtue of this section shall be treated for the purposes of section 1 of the M3 Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

[F10 (3A) [F11 Where, in the case of any proceedings before a youth court—

(a) leave is given by virtue of subsection (1)(b) above for evidence to be given through a television link; and

(b) suitable facilities for receiving such evidence are not available at any petty-sessional court-house in which the court can (apart from this subsection) lawfully sit,

the court may sit for the purposes of the whole or any part of those proceedings at any place at which such facilities are available and which has been appointed for the purposes of this subsection by the justices acting for the petty sessions area for which the court acts.]

(3B) [F11 A place appointed under [F12 subsection (3A) above]] may be outside the petty sessions area for which it is appointed; but it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting for that area.]

[F13 (3C) [F11 Where—

(a) the court gives leave for a person to give evidence through a live television link, and

(b) the leave is given by virtue of subsection (1)(b) above,

then, subject to subsection (3D) below, the person concerned may not give evidence otherwise than through a live television link.]

(3D) [F11 In a case falling within subsection (3C) above the court may give permission for the person to give evidence otherwise than through a live television link if it appears to the court to be in the interests of justice to give such permission.]

(3E) [F11 Permission may be given under subsection (3D) above—

(a) on an application by a party to the case, or

(b) of the court’s own motion;

but no application may be made under paragraph (a) above unless there has been a material change of circumstances since the leave was given by virtue of subsection (1)(b) above.]]

(4) Without prejudice to the generality of any enactment conferring power to make rules to which this subsection applies, such rules may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this section.

(5) The rules to which subsection (4) above applies are— [F14 Magistrates’ Courts Rules, Crown Court Rules and Criminal Appeal Rules]

[F15 (6) [F11 Subsection (7) of section 32A below shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the references to a person being, in the cases there mentioned, under the age of fifteen years or under the age of eighteen years.]]

Textual Amendments

F1 Words in s. 32(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 55(2)(a); S.I. 1992/333, art. 2(2), Sch. 2.

F2 S. 32(1)(b) and word preceding it repealed (24.7.2002 for certain specified purposes otherwise prosp.) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 paras. 3(2), 5(2)); S.I. 2002/1739, art. 2(g)(iii)

F3 S. 32(1)(b) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 55(2)(b); S.I. 1992/333, art.2(2), Sch. 2.

F4 S. 32(1A) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 55(3); S.I. 1992/333, art. 2(2), Sch. 2.

F5 Words in s. 32(1A)(a) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 , para. 16(2)(a); S.I. 1997/402, art. 3

F6 Words in s. 32(1A)(b) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 16(2)(b); S.I. 1997/402, art. 3

F7 S. 32(2)(3A)-(3E)(6) repealed (24.7.2002 for specified purposes and otherwise prosp.) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 paras. 3(2), 5(2)); S.I. 2002/1739, art. 2(g)(iii))

F8 Words in s. 32(2)(c) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, Sch. 7; S.I. 2004/874, art. 2

F9 Words in s. 32(2)(c) inserted (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 141, Sch. 6 para. 29(2); S.I. 2004/874, art. 2

F10 S. 32(3A)(3B) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 55(4); S.I. 1992/333, art. 2(2), Sch. 2.

F11 S. 32(2)(3A)-(3E)(6) repealed (24.7.2002 for specified purposes and otherwise prosp.) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 paras. 3(2), 5(2)); S.I. 2002/1739, art. 2(g)(iii))

F12 Words in s. 32(3B) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 paras. 32, 33

F13 S. 32(3C)-(3E) inserted (4.7.1996 with application as mentioned in s. 62(3) of the amending Act) by 1996 c. 25, s. 62(1)(3)(4)(with s. 78(1))

F14 Words in s. 32(5) substituted (1.10.1992) for paras. (a) and (b) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 55(5); S.I. 1992/333, art. 2(2), Sch. 2.

F15 S. 32(6) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 55(6); S.I. 1992/333, art. 2(2), Sch. 2.

Modifications etc. (not altering text)

C1 S. 32(1)(1)(b)(2)(a)-(c)(3) applied (with modifications) (8.3.1993) by S.I. 1993/244, art. 2

C2 S. 32(1)(1)(b)(2)(a)-(c)(3) applied (with modifications) (8.3.1993) by S.I. 1993/244, art. 2

Commencement Information

I1 S. 32 partly in force; s. 32 not in force at Royal Assent see s. 171; s. 32 except subsections (1)(a)(3) in force at 5.1.1989 by 1988/2073, art. 2, Sch.; s. 32(1)(a)(3) in force for certain purposes at 1.9.2004 by S.I. 2004/2167, art. 2 (subject to art. 3)

Marginal Citations

M1 1933 c. 12.

M2 1978 c. 37.

M3 1911 c. 6.