Criminal Evidence Act 1992

F23 [ Procedure in relation to certain offences.

15

15. (1) Where

F24 [ ( a ) under Part IA of the Criminal Procedure Act 1967 , the prosecutor consents to the sending forward for trial of an accused person F25 [ ] ,

( b ) F25 [ ] a person who has made a videorecording under F26 [ section 16(1)(b) ] , is under 18 years of age on the date consent is given to the accused being sent forward for trial, and

( c ) it is proposed that a videorecording of a statement made by the person concerned during an interview as mentioned in section 16(1)(b) shall be given in evidence pursuant to that section, ]

(d) it is proposed, pursuant to section 16 (1) (b) , that a videorecording of a statement made by that person during an interview as mentioned in that provision shall be given in evidence at the trial,

the prosecutor shall, in addition to causing the documents mentioned in section 4B(1) of that Act to be served on the accused

(i) notify the accused that it is proposed so to give evidence, and

(ii) give the accused an opportunity of seeing the videorecording of the interview.

F24 [ (2) The judge hearing an application under section 4E of the Criminal Procedure Act 1967 may consider any statement made, in relation to an offence, by a person in a videorecording mentioned in section 16(1)(b) if the person is available for cross-examination at the hearing of the application. ]

(3) If the accused consents, an edited version of the videorecording of an interview mentioned in section 16(1)(b) , may, with leave of the judge hearing an application referred to in subsection (2) of this section, be shown at the hearing of the application, and, in that event, subsection (2) and section 16(1)(b) shall apply in relation to that version as it applies in relation to the original videorecording. ]

Annotations:

Amendments:

F23

Substituted (1.10.2001) by Criminal Justice Act 1999 (10/1999) s. 19, S.I. No. 193 of 2001.

F24

Substituted (9.08.2013) by Criminal Law (Human Trafficking) (Amendment) Act 2013 (24/2013) s. 4(a)(i), (ii), commenced as per s. 5(2).

F25

Deleted (30.05.2018) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 30(h)(i), (ii)(I), S.I. No. 173 of 2018.

F26

Substituted (30.05.2018) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 30(h)(ii)(II), S.I. No. 173 of 2018.