Extent Information
E1Sch. 4 extends to Northern Ireland but the operation of Sch. 4 is limited by application as mentioned in s. 79(4)
25U.K.In section 62 for subsections (1) and (2) substitute—
“(1)In Article 81 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (evidence through television links) the following paragraphs shall be inserted after paragraph (3)— “
(3A)Where the court gives leave under paragraph (2) for a witness falling within paragraph (1)(b)(ii) to give evidence through a live television link, then, subject to paragraph (3B), the witness concerned may not give evidence otherwise than through a live television link.
(3B)In a case falling within paragraph (3A) the court may give permission for the witness 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.
(3C)Permission may be given under paragraph (3B)—
(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 sub-paragraph (a) unless there has been a material change of circumstances since the leave was given under paragraph (2). ”
(2)In Article 81A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (video recordings of testimony from child witnesses) the following paragraphs shall be inserted after paragraph (6)—
“(6A)Where the court gives leave under paragraph (2) the child witness shall not give relevant evidence (within the meaning given by paragraph (6D)) otherwise than by means of the video recording; but this is subject to paragraph (6B).
(6B)In a case falling within paragraph (6A) the court may give permission for the child witness to give relevant evidence (within the meaning given by paragraph (6D)) otherwise than by means of the video recording if it appears to the court to be in the interests of justice to give such permission.
(6C)Permission may be given under paragraph (6B)—
(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 sub-paragraph (a) unless there has been a material change of circumstances since the leave was given under paragraph (2).
(6D)For the purposes of paragraphs (6A) and (6B) evidence is relevant evidence if—
(a)it is evidence in chief on behalf of the party who tendered the video recording, and
(b)it relates to matter which, in the opinion of the court, is dealt with in the recording and which the court has not directed to be excluded under paragraph (3).”.”