Article 4 Amendment to the principal RulesI1

After Rule 149 of the principal Rules, there shall be inserted the following new Rule—

“Evidence through television link where witness will not give evidence otherwise through fear or is a child or is to be cross-examined after admission of video recording

149A

(1)

In any proceedings to which paragraph (2) applies, any party may apply for leave under Article 81(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (in this Rule referred to as “the 1989 Order”) for evidence to be given by a witness through a live television link if—

(a)

the witness will not give evidence otherwise through fear; or

(b)

the offence charged is one to which Article 81(3) of the 1989 Order applies and the witness is either—

(i)

in the case of an offence falling within Article 81(3)(a) or (b) of the 1989 Order, under the age of 14; or

(ii)

in the case of an offence falling within Article 81(3)(c) of the 1989 Order, under the age of 17; or

(iii)

a person who is to be cross-examined following the admission under Article 81A of the 1989 Order of a video recording of testimony from him.

(2)

This paragraph applies—

(a)

to preliminary investigations or preliminary inquiries into indictable offences;

(b)

except in a case to which paragraph (1)(a) applies, to proceedings in juvenile courts; and

(c)

in a case to which paragraph (1)(a) applies, to proceedings in juvenile courts being preliminary investigations or preliminary inquiries into indictable offences.

(3)

An application under paragraph (1) shall be made by giving notice in writing which shall be in Form 15A in Schedule 1. Such notice shall state the grounds of the application and, where the application relates to the taking of evidence on behalf of the prosecution from a witness coming within paragraph (1)(b), the name and relationship of the person who it is proposed will accompany that witness.

(4)

(a)

Subject to sub-paragraph (b), an application under paragraph (1) shall be made not less than 14 days before the day fixed for the commencement of the proceedings to which the application relates.

(b)

In the application of sub-paragraph (a) to preliminary investigations, “the proceedings” does not include the taking of a deposition relating to the arrest, or where directed by the court, the remand of the accused.

(5)

The notice under paragraph (3) shall be served on the clerk of petty sessions and at the same time a copy thereof shall be served by the applicant on every other party to the proceedings.

(6)

Subject to paragraph (12), a party who receives a copy of a notice under paragraph (3) and who wishes to oppose the application shall within 7 days of receipt of such notice, notify the applicant and the clerk of petty sessions, in writing of his opposition, giving the reasons therefor.

(7)

An application under paragraph (1) shall be determined by the court which may direct a hearing and, if a hearing is directed, the clerk of petty sessions shall notify the parties of the time and place of such hearing.

(8)

The clerk of petty sessions 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—

(a)

where the witness is to give evidence on behalf of the prosecutor, the name of the witness, or (as the case may be) the letter under which he is designated in the proceedings, and in the case of a witness coming within paragraph (1)(b), the name and relationship (if any) to the witness of the person who is to accompany the witness; and

(b)

the place at which the proceedings to which the application relates should take place.

(9)

Without prejudice to anything in the Magistrates' Courts (Northern Ireland) Order 1981, where any proceedings to which paragraph (2) applies are adjourned to a designated place in exercise of the power conferred by Article 81(7)(a) of the 1989 Order—

(a)

the clerk of the court which grants leave shall transfer all documentation and papers in relation to the case to the court at the designated place; and

(b)

the complaint and any depositions and recognizances already taken in, or notices and documents furnished in respect of the matter, shall be deemed for all purposes to have been made or taken by or before, or furnished to the clerk of the court to which the investigation is adjourned.

(10)

The period specified in paragraph (4)(a) may be abridged at any time by the court on an application made in writing, specifying the grounds of the application and sent to the clerk of petty sessions, and a copy of the application shall be sent by the applicant to every other party to the proceedings.

(11)

An application for abridgement of time under paragraph (10) shall be determined by the court which may direct a hearing and, if a hearing is directed, the clerk of petty sessions shall notify the parties of the time and place of such hearing.

(12)

Where the court abridges the period of 14 days under paragraph (4)(a), it shall also specify the period within which any other party to the proceedings may give notice of opposition in writing under paragraph (6) to the application under paragraph (1).

(13)

The clerk of petty sessions shall notify all parties of the decision of the court on the application for abridgement of time, and (as the case may be) the period specified by the court for the giving of notice of opposition in writing under paragraph (6) by any other party to the proceedings.

(14)

Unless the court otherwise directs, a witness shall, when giving evidence through a live television link, be present in the building in which the court is sitting.

(15)

When giving evidence through a live television link—

(a)

a witness coming within paragraph (1)(b) shall be accompanied by a person acceptable to the court and, unless the court otherwise directs, by no other person;

(b)

any other witness shall not be accompanied by any other person unless the court otherwise directs.”.