Criminal Procedure Act 1967

F14 [ Admissibility of deposition or videorecording.

4G

4G. (1) A deposition taken under section 4F may be considered by the trial court on an application under section 4E(1).

(2) Such a deposition may be admitted in evidence at the trial of the accused if it is proved that

( a ) the witness

(i)   is dead,

(ii)   is unable to attend to give evidence at the trial,

(iii) is prevented from so attending, or

(iv) does not give evidence at the trial through fear or intimidation,

( b ) the accused was present at the taking of the evidence, and

( c ) an opportunity was given to crossexamine and re-examine the witness;

unless the court is of opinion that to do so would not be in the interests of justice.

(3) Subject to section 16 (admissibility at trial of videorecording of evidence given by witness under 17) of the Criminal Evidence Act, 1992 , a videorecording of evidence given through a live television link in proceedings under section 4F shall, if the accused was present at the taking of the evidence and an opportunity was given to cross-examine and re-examine the witness, be admissible at the trial of the offence with which the accused is charged as evidence of any fact stated therein of which direct oral evidence by the witness would be admissible, unless the court is of opinion that in the interests of justice the videorecording ought not to be so admitted. ]

Annotations:

Amendments:

F14

Inserted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 9, S.I. No. 193 of 2001.

Modifications (not altering text):

C13

Application of section extended (1.05.2002) by Children Act 2001 (24/2001), s. 255(3), S.I. No. 151 of 2002.

Power to take deposition of child.

255.— ...

(3) A deposition taken under subsection (1) or a videorecording of evidence given by a child under paragraph (b) of that subsection shall be deemed to have been taken under section 4F of the said Act of 1967, and section 4G (admissibility of deposition or videorecording) shall apply and have effect accordingly.

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