Part C To be completed if the application is to tender in evidence a video recording under section 27 of the Youth Justice and Criminal Evidence Act 1999

Details required	Notes
Video recording(s) Statement as to circumstances in which video recording made: Date(s) of video recording(s): Time(s) of video recording(s): Location and normal function of premises where video recording made:	These details need to be completed only to the extent that the information is not contained in the video recording itself. Give the times at which recording began and finished, including details of any interruptions. Give address of premises where recording made and state the usual function of those premises.
Details of those present while recording made Give details of each person present at any point during the recording:	Include name, age and occupation of anyone present; time for which present; relationship (if any) to witness and to the accused.
Use of an intermediary 1. Was any person used as an intermediary in the making of the video recording? If so, has the magistrate’s approval for the purposes of section 29 of the Youth Justice and Criminal Evidence Act 1999 been given? If it has, give details. 2. Did the intermediary make the appropriate declaration before the interview began? Is the declaration recorded on the video recording?	The magistrate’s approval for the purposes of section 29 of the Youth Justice and Criminal Evidence Act 1999 must be given before the special measures direction is given. The magistrate’s approval may be sought at the hearing of the application for the special measures direction. If the magistrate’s approval has not been obtained, the information required in Part D of this Form must be given. The declaration is— “I solemnly, sincerely and truly declare that I will well and faithfully communicate questions and answers and make true explanation of all matters and things as shall be required of me according to the best of my skill and understanding.”
Equipment used Give a description of— (a) the equipment used for the recording: (b) any devices used as an aid to communication:	The description must include the following information— Number and type of cameras used (fixed or mobile); the number and location of microphones; the video format used; and whether it offered single or multiple recording facilities and if it did which were used. In the case of communication aids, describe how the device was operated. State also whether the equipment was provided for or owned by the witness or the intermediary and whether any additional needs arose for the witness or the intermediary as a result of using the devices. (Refer to the examples given in Part D, paragraph 9(b)).
Recordings of part only of an interview State whether the video recording contains part only of the interview with the witness:	A copy of any video recordings of other parts of the interview with the witness which it is not proposed to tender in evidence must also be provided to the court and the other parties. The details of each such recording must be given as above. Use separate sheets where necessary.
Details of copy State in respect of each video recording whether it is a copy, and give the following details in respect of each copy— Name and address of person who has the mastertape: When, and by whom, the copy was made:
Attendance and supply of copies In the opinion of the applicant— (a) is the witness available for cross-examination? (b) if the witness is not available for cross-examination, have the parties agreed that the witness need not be available? Has the agreement of the other parties to the video recording(s) being tendered as evidence been sought? Have copies of the video recording(s) to which this application relates been disclosed to the other parties? Has a copy of this notice and the video recording(s) to which it relates been served on each party to the proceedings?	Where the application is by the accused, the video recording(s) do not have to be served on the prosecution until the close of the prosecution case at the trial.

Details required

Notes

Video recording(s)

Statement as to circumstances in which video recording made:

Date(s) of video recording(s):

Time(s) of video recording(s):

Location and normal function of premises where video recording made:

These details need to be completed only to the extent that the information is not contained in the video recording itself.

Give the times at which recording began and finished, including details of any interruptions.

Give address of premises where recording made and state the usual function of those premises.

Details of those present while recording made

Give details of each person present at any point during the recording:

Include name, age and occupation of anyone present; time for which present; relationship (if any) to witness and to the accused.

Use of an intermediary

1. Was any person used as an intermediary in the making of the video recording?

If so, has the magistrate’s approval for the purposes of section 29 of the Youth Justice and Criminal Evidence Act 1999 been given?

If it has, give details.

2. Did the intermediary make the appropriate declaration before the interview began?

Is the declaration recorded on the video recording?

The magistrate’s approval for the purposes of section 29 of the Youth Justice and Criminal Evidence Act 1999 must be given before the special measures direction is given. The magistrate’s approval may be sought at the hearing of the application for the special measures direction.

If the magistrate’s approval has not been obtained, the information required in Part D of this Form must be given.

The declaration is—

“I solemnly, sincerely and truly declare that I will well and faithfully communicate questions and answers and make true explanation of all matters and things as shall be required of me according to the best of my skill and understanding.”

Equipment used

Give a description of—

(a)

the equipment used for the recording:
(b)

any devices used as an aid to communication:

The description must include the following information—

Number and type of cameras used (fixed or mobile); the number and location of microphones; the video format used; and whether it offered single or multiple recording facilities and if it did which were used.

In the case of communication aids, describe how the device was operated. State also whether the equipment was provided for or owned by the witness or the intermediary and whether any additional needs arose for the witness or the intermediary as a result of using the devices. (Refer to the examples given in Part D, paragraph 9(b)).

Recordings of part only of an interview

State whether the video recording contains part only of the interview with the witness:

A copy of any video recordings of other parts of the interview with the witness which it is not proposed to tender in evidence must also be provided to the court and the other parties. The details of each such recording must be given as above. Use separate sheets where necessary.

Details of copy

State in respect of each video recording whether it is a copy, and give the following details in respect of each copy—

Name and address of person who has the mastertape:

When, and by whom, the copy was made:

Attendance and supply of copies

In the opinion of the applicant—

(a)

is the witness available for cross-examination?
(b)

if the witness is not available for cross-examination, have the parties agreed that the witness need not be available?

Has the agreement of the other parties to the video recording(s) being tendered as evidence been sought?

Have copies of the video recording(s) to which this application relates been disclosed to the other parties?

Has a copy of this notice and the video recording(s) to which it relates been served on each party to the proceedings?

Where the application is by the accused, the video recording(s) do not have to be served on the prosecution until the close of the prosecution case at the trial.