Criminal Evidence Act 1992

Videorecording as evidence at trial.

16

16. (1) Subject to subsection (2)

F27 [ ( a ) a videorecording of any evidence given, in relation to F28 [ a relevant offence ] , by a person under F29 [ 18 years ] of age through a live television link in proceedings under Part IA of the Criminal Procedure Act, 1967 , and ]

F30 [ (b) a video recording of any statement made during an interview with a member of the Garda S í och á na or any other person who is competent for the purpose

F28 [ (i) by a person who is under 18 years of age in relation to an offence of which he or she is a victim, or ]

(ii) by a person under 18 years of age (being a person other than the accused) in relation to

(I) a sexual offence, or

(II) an offence under section 3 (1), (2) or (3) of the Child Trafficking and Pornography Act 1998 , or

(III) an offence under section 2 , 4 or 7 of the Criminal Law (Human Trafficking) Act 2008 , ]

shall be admissible at the trial of the offence as evidence of any fact stated therein of which direct oral evidence by him would be admissible:

F27 [ Provided that, in the case of a videorecording mentioned in paragraph (b) , the person whose statement was videorecorded is available at the trial for crossexamination ]

(2) ( a) Any such videorecording or any part thereof shall not be admitted in evidence as aforesaid if the court is of opinion that in the interests of justice the videorecording concerned or that part ought not to be so admitted.

( b) In considering whether in the interests of justice such videorecording or any part thereof ought not to be admitted in evidence, the court shall have regard to all the circumstances, including any risk that its admission will result in unfairness to the accused or, if there is more than one, to any of them.

(3) In estimating the weight, if any, to be attached to any statement contained in such a videorecording regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.

(4) In this section “ statement” includes any representation of fact, whether in words or otherwise.

Annotations:

Amendments:

F27

Substituted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 20(a)(b), S.I. No. 193 of 2001.

F28

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

F29

Substituted (1.05.2002) by Children Act 2001 (24/2001), s. 257(3), S.I. No. 151 of 2002.

F30

Substituted (30.05.2018) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 37, S.I. No. 172 of 2018.

Editorial Notes:

E21

Previous affecting provision: subs. (1)(b) substituted (9.08.2013) by Criminal Law (Human Trafficking) (Amendment) Act 2013 (24/2013), s. 4(b), commenced as per s. 5(2); substituted as per F-note above.