Article 4

After rule 9B of the principal rules, there shall be inserted the following rule—

“Video Recordings of testimony from child witnesses

9C

(1)

A party to an appeal who applies for leave to call a witness may also apply for leave under section 32A of the Criminal Justice Act 1988 to tender in evidence a video recording of testimony from a witness where—

(a)

the offence charged is one to which section 32(2) of that Act applies;

(b)

in the case of an offence falling within section 32(2)(a) or (b), the proposed witness is under the age of 14 or, if he was under 14 when the video recording was made, is under the age of 15;

(c)

in the case of an offence falling within section 32(2)(c), the proposed witness is under the age of 17 or, if he was under 17 when the video recording was made, is under the age of 18; and

(d)

the video recording is of an interview conducted between an adult and a person coming within sub-paragraph (b) or (c) above (not being the accused or one of the accused) which relates to any matter in issue in the proceedings;

and references in this rule to an offence include references to attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting the commission of, that offence.

(2)

An application under paragraph (1) shall be made by serving a notice in writing on the Registrar. The application shall be accompanied by the video recording which it is proposed to tender in evidence and shall include the following, namely—

(a)

the name of the appellant and the offence or offences charged;

(b)

the name and date of birth of the witness in respect of whom the application is made;

(c)

the date on which the video recording was made;

(d)

a statement that in the opinion of the applicant the witness is willing and able to attend the appeal for cross-examination;

(e)

a statement of the circumstances in which the video recording was made which complies with paragraph (4) below.

(3)

Where it is proposed to tender part only of a video recording of an interview with the witness, an application under paragraph (1) must specify that part and be accompanied by a video recording of the entire interview, including those parts which it is not proposed to tender in evidence, and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4) below.

(4)

The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(e) and (3) above shall include the following information, except in so far as it is contained in the recording itself, namely—

(a)

the times at which the recording commenced and finished, including details of any interruptions;

(b)

the location at which the recording was made and the usual function of the premises;

(c)

the name, age and occupation of any person present at any point during the recording; the time for which he was present; his relationship (if any) to the witness and to the appellant;

(d)

a description of the equipment used including the number of cameras used and whether they were fixed or mobile; the number and location of microphones; the video format used and whether there were single or multiple recording facilities;

(e)

the location of the mastertape if the video recording is a copy and details of when and by whom the copy was made.

(5)

An application under paragraph (1) shall be made at the same time as the application for leave to call the witness or at any time thereafter, but no less than 14 days before the date fixed for the hearing of the appeal except with the leave of the court.

(6)

The Registrar shall, as soon as practicable after receiving an application under paragraph (1), send a copy of the notice to the other parties to the appeal. Copies of any video recording required by paragraph (2) or (3) to accompany the notice shall be provided by the applicant and sent by the Registrar to any party to the appeal not already served with a copy. In the case of an appellant acting in person, a copy shall be made available for viewing by him.

(7)

An application under paragraph (1) shall be determined without a hearing, unless the Court otherwise directs, and the Registrar shall notify the applicant and the other parties of the time and place of any hearing.

(8)

Without prejudice to rule 15, the Registrar shall notify all the parties of the decision of the Court in relation to an application under paragraph (1) and, where leave is granted, the notification shall state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence.”.