A trial judge's failure to give the mandatory s 21A(8) warning regarding the presence of a support person during a special witness's pre-recorded evidence renders the trial irregular, even where the judge has given the s 21A(8) warning in respect of the pre-recorded video format itself. The proviso under s 668E(1A) will not save the conviction where the case turns on a finely balanced jury question. The fact that a separate order for a support person may have been made under s 5(1)(f) of the Criminal Law (Sexual Offences) Act 1978 does not displace the mandatory requirements of s 21A(8).
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