Evidence (Miscellaneous Provisions) Act 1991

This section applies if a witness gives evidence in a relevant proceeding under section 68—

by audiovisual link; or

in the courtroom under an order made by the court under section 68 (2).

The evidence given by the witness must be recorded as an audiovisual recording.

However, unless the court otherwise orders, evidence given in the courtroom may be recorded only if the witness consents.

In deciding whether to make an order under subsection (3), the court must consider the wishes of the witness.

A recording of evidence given by a witness in a relevant proceeding under section 68 (whether by audiovisual link or in the courtroom) is admissible as the witness’s evidence in a related proceeding unless the court in the related proceeding otherwise orders.

However, the court in the related proceeding may—

refuse to admit any part of the recording in evidence; and

if the court refuses to admit part of the recording in evidence—order that the part that is not admitted be deleted from the recording.

A party to a related proceeding may apply to the court for an order that the witness attend the hearing to give further evidence.

The court must not make the order unless satisfied that—

the applicant has become aware of something that the applicant did not know or could not reasonably have known when the recording was made; and

if the witness had given evidence in person at the hearing—the witness could be recalled; and

it is in the interests of justice to make the order.

In this section:

related proceeding, in relation to the relevant proceeding in which the evidence given was recorded, means—

a re-hearing or re-trial of, or appeal from, the hearing of the proceeding; or

another proceeding in the same court as the proceeding for the offence; or

a proceeding for another offence arising from the same, or the same set of, circumstances; or

a civil proceeding arising from the offence.