Extension of provisions of Article 9 to certain witnesses over [F118]N.I.
10.—(1) For the purposes of this Article—
(a)a witness in criminal proceedings (other than the accused) is a “qualifying witness” if he—
(i)is not an eligible witness at the time of the hearing (as defined by Article 4(3)), but
(ii)was under the age of [F218] when a relevant recording was made;
(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)a “relevant recording”, in relation to a witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness.
[F4(2) Paragraphs (2) to (4) and (4C) of Article 9, so far as relating to the giving of a direction complying with the requirement contained in Article 9(3)(a), apply to a qualifying witness in respect of the relevant recording as they apply to a child witness (within the meaning of that Article).]
F1Art. 10: word in the title substituted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 7(4)(a), 111(3) (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)
F2Word in art. 10(1)(a)(ii) substituted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 7(4)(b), 111(3) (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)
F3Art. 10(1)(b) repealed (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 8(7)(a), 110(2), 111(3), Sch. 8 Pt. 1 (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)(g)(i)
F4Art. 10(2) substituted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 8(7)(b), 111(3) (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)