The Police and Criminal Evidence (Northern Ireland) Order 1989

Evidence through television links N.I.

F1 81.—(1) A person other than the accused may give evidence through a live television link [F2 in proceedings to which paragraph (1A) applies] if—

(a) the witness is in Northern Ireland; and

(b) the witness—

(i) will not give evidence otherwise through fear, or

(ii) is[F2 a child, or is to be cross-examined following the admission under Article 81A of a video recording of testimony from him, and the offence] is one to which paragraph (3) applies.

[F2 (1A) This paragraph applies—

(a) to preliminary investigations or preliminary inquiries into indictable offences, to trials on indictment, appeals to the Court of Appeal and hearings of references under[F3 section 10 of the Criminal Appeal Act 1995];

(b) except in a case where paragraph (1)(b)(i) applies, to proceedings in[F4 magistrates] courts and[F3 , appeals to the county court arising out of such proceedings and hearings of references under section 12 of the Criminal Appeal Act 1995 so arising]; and

(c) in a case to which paragraph (1)(b)(i) applies, to proceedings in juvenile courts being preliminary investigations or preliminary inquiries into indictable offences.]

(2) Evidence may not be given through a link by virtue of this Article without leave of the court.

(3) This paragraph applies—

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

(b) to an offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968F5 ;

(c) to a sexual offenceF2 . . . ; 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 sub‐paragraph (a), (b) or (c).

[F6 (3A) Where the court gives leave under paragraph (2) for a witness falling within paragraph (1)(b)(ii) to give evidence through a live television link, then, subject to paragraph (3B), the witness concerned may not give evidence otherwise than through a live television link.

(3B) In a case falling within paragraph (3A) the court may give permission for the witness 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.

(3C) Permission may be given under paragraph (3B)—

(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 sub-paragraph (a) unless there has been a material change of circumstances since the leave was given under paragraph (2).]

(4) Subject to Article 89, the Secretary of State may by order—

(a) direct that this Article shall apply—

(i) to a witness falling within head (i) or (ii) of paragraph (1)(b) who is in Great Britain, or

(ii) to any witness who is outside the United Kingdom; and

(b) provide that a statement made on oath by such a witness and given in evidence through a link by virtue of this Article shall be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979F7 as having been made in the proceedings in which it is given in evidence.

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

(6) The rules to which paragraph (5) applies are—

(a) magistrates' courts rules;

[F2 (aa) county court rules;]

(b) Crown Court rules; and

(c) rules of court.

(7) Where, at a[F2 preliminary investigation or a preliminary inquiry into an indictable offence or in proceedings before a[F4 magistrates] court or on an appeal to the county court arising out of such proceedings], a court grants leave for evidence to be given through a link by virtue of this Article—

(a) that court may, notwithstanding anything in[F2 any statutory provision adjourn the investigation, inquiry, proceedings or appeal, as the case may require] and order that it be held at such time and at such designated place as may be specified in the order; and

(b) a court sitting at a designated place shall, by virtue of this paragraph, have jurisdictionF2 . . . to deal with an offence in relation to which an investigation[F2 or inquiry or any proceedings or appeal] is so adjourned.

(8) In paragraph (7) “designated place” means any place designated under this paragraph by the Lord Chancellor[F8 , after consultation with the Lord Chief Justice,] as a place having facilities to receive evidence given through a link by virtue of this Article.

[F2 (9) Paragraph (7) of Article 81A shall apply for the purposes of this Article as it applies for the purposes of that Article, but with the omission of the references to a person being, in the cases there mentioned, under the age of 15 years or under the age of 18 years.]

F1 Art. 81 repealed (30.6.2003 and 1.12.2003 for certain purposes, otherwise prosp.) by Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), arts. 1(2), 40(3), Sch. 3; S.R. 2003/323, art. 2, Sch.; S.R. 2003/476, art. 2

F2 1995 NI 3

F3 1995 c. 35

F4 1998 NI 9

F5 1968 c. 34 (NI)

F6 Art. 81(3A)-(3C) inserted (4.7.1996 with application as mentioned in s. 62(3) of the amending Act) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 62(1) (as modified in its application to Northern Ireland by Sch. 4 para. 25)

F7 1979 NI 19

F8 Words in art. 81(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 79; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 12(a)