Part III Other Provisions about Evidence in Criminal Proceedings
I132 Evidence through television links.
C1C21
A person other than the accused may give evidence through a live television link F1in proceedings to which subsection (1A) below applies if—
C1F8b
F13the 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.
F21A
This subsection applies—
a
to trials on indictment, appeals to the criminal division of the Court of Appeal and hearings of references under F3section 9 of the Criminal Appeal Act 1995; and
b
to proceedings in youth courts F4, 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
F14This subsection applies—
C4a
to an offence which involves an assault on, or injury or a threat of injury to, a person;
C4b
to an offence under section 1 of the M2Children and Young Persons Act 1933 (cruelty to persons under 16);
C4c
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.
C1C3C23
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 M1Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.
F93A
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
F113C
F14Where—
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
F14In 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
F14Permission 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
5
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F126
F14Subsection (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.