Part 11

Evidence
Chapter 3

Miscellaneous and supplemental

Video evidence: further provisions
138
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The reference in subsection (1)(f) of section 137 to the admission of a recording includes a reference to the admission of part of the recording; and references in that section and this one to the video recording or to the witness’s recorded account shall, where appropriate, be read accordingly.
3
In considering whether any part of a recording should be not admitted under section 137, the court must consider—
a
whether admitting that part would carry a risk of prejudice to the defendant, and
b
if so, whether the interests of justice nevertheless require it to be admitted in view of the desirability of showing the whole, or substantially the whole, of the recorded interview.
4
A court may not make a direction under section 137(1)(f) in relation to any proceedings unless—
a
the Secretary of State has notified the court that arrangements can be made, in the area in which it appears to the court that the proceedings will take place, for implementing directions under that section, and
b
the notice has not been withdrawn.
5
Nothing in section 137 affects the admissibility of any video recording which would be admissible apart from that section.
S. 138(1) repealed (27.6.2011) by Coroners and Justice Act 2009 (c. 25), ss. 111, 182(5), Sch. 23 Pt. 3 (with s. 180); S.I. 2011/1452, art. 2(c)(i)