Criminal Evidence Act 1992

14A

F18 [ Placement of screen etc. for giving of evidence

14A. (1) Where a person who is under 18 years of age is to give evidence other than through a live television link in respect of a relevant offence, the court may, on the application of the prosecution or the accused, direct that a screen or other similar device be positioned, in an appropriate place, so as to prevent the witness from seeing the accused when giving evidence, unless the court is satisfied that in all the circumstances of the case such a direction would be contrary to the interests of justice.

(2) Subject to section 14AA , where

(a) a person who is a victim of an offence, other than a relevant offence, is under 18 years of age and the person is to give evidence, other than through a live television link, in respect of the offence, or

(b) a person who is a victim of any offence has attained the age of 18 years and the person is to give evidence, other than through a live television link, in respect of such an offence,

the court may, on the application of the prosecution or the accused, if satisfied that the interests of justice so require, direct that a screen or other similar device be positioned, in an appropriate place, so as to prevent the victim from seeing the accused when giving evidence.

(3) A witness giving evidence under subsection (1) or (2) shall be capable of seeing and hearing and being seen and heard by

(a) the judge and jury (if any),

(b) legal representatives acting in the proceedings,

(c) any interpreter, intermediary appointed under section 14 or any other person appointed to assist the witness,

and shall be capable of being heard by the accused. ]

Annotations:

Amendments:

F18

Inserted (30.05.2018) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 30(d), S.I. No. 173 of 2018, in relation to the Central Criminal Court, the Dublin Circuit Criminal Court and the Dublin Metropolitan District of the District Court only.

Editorial Notes:

E18

Previous affecting provision: section inserted by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 36, not commenced; repealed (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 6(a), S.I. No. 530 of 2017.