PART III

Evidence in Certain Proceedings

12. —This Part applies to—

(a) a sexual offence,

(b) an offence involving violence or the threat of violence to a person, or

(c) an offence consisting of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence mentioned in paragraph (a) or (b).

13. —(1) In any proceedings for an offence to which this Part applies a person other than the accused may give evidence, whether from within or outside the State, through a live television link—

(a) if the person is under 17 years of age, unless the court sees good reason to the contrary,

(b) in any other case, with the leave of the court.

(2) Evidence given under subsection (1) shall be videorecorded.

(3) While evidence is being given through a live television link pursuant to subsection (1) (except through an intermediary pursuant to section 14 (1)), neither the judge, nor the barrister or solicitor concerned in the examination of the witness, shall wear a wig or gown.

14. —(1) Where—

(a) a person is accused of an offence to which this Part applies, and

(b) a person under 17 years of age is giving, or is to give, evidence through a live television link,

the court may, on the application of the prosecution or the accused, if satisfied that, having regard to the age or mental condition of the witness, the interests of justice require that any questions to be put to the witness be put through an intermediary, direct that any such questions be so put.

(2) Questions put to a witness through an intermediary under this section shall be either in the words used by the questioner or so as to convey to the witness in a way which is appropriate to his age and mental condition the meaning of the questions being asked.

(3) An intermediary referred to in subsection (1) shall be appointed by the court and shall be a person who, in its opinion, is competent to act as such.

15. —(1) Where—

(a) a person is before the District Court charged with an offence to which this Part applies,

(b) the person in respect of whom the offence is alleged to have been committed is a person under 17 years of age,

(c) the offence is not being tried summarily or is not being dealt with on a plea of guilty, and

(d) it is proposed, pursuant to section 16 (1) (b), that a videorecording of a statement made by that person during an interview as mentioned in that provision shall be given in evidence at the trial,

the prosecution shall, in addition to causing the documents mentioned in section 6 (1) of the Criminal Procedure Act, 1967 , to be served on the accused—

(i) notify him that it is proposed so to give evidence, and

(ii) give him an opportunity of seeing the videorecording of the interview in advance of the preliminary examination.

(2) If at a preliminary examination of an offence to which this Part applies the person in respect of whom the offence is alleged to have been committed is available for cross-examination, any statement made by him on a videorecording mentioned in section 16 (1) (b) may be considered by the judge of the District Court conducting the preliminary examination.

(3) If the accused consents, an edited version of the videorecording of an interview mentioned in section 16 (1) (b) may, with the leave of the court, be shown at the preliminary examination and, in that event, subsection (2) and the said section 16 (1) (b) shall apply in relation to that version as it applies to the original videorecording.

(4) The Criminal Justice (Legal Aid) Act, 1962 , is hereby amended—

(a) by the insertion after section 2 of the following section:

“2A. (1) Where—

(a) a person is before the District Court charged with an offence to which Part III of the Criminal Evidence Act, 1992, applies, and

(b) it is proposed that at the preliminary examination of the offence evidence will be given through a live television link pursuant to section 13 of that Act, and

(c) a certificate for free legal aid (in this Act referred to as a ‘legal aid (preliminary examination) certificate’) is granted in respect of him by the District Court,

the person shall be entitled to free legal aid at the preliminary examination pursuant to a legal aid (preliminary examination) certificate and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (preliminary examination) certificate shall be granted in respect of a person if (but only if)—

(a) application is made therefor,

(b) it appears to the District Court—

(i) that his means are insufficient to enable him to obtain legal aid, and

(ii) that, having regard to all the circumstances of the case (including the nature of such defence (if any) as may have been set up), it is essential in the interests of justice that he should have legal aid at the preliminary examination.”,

and

(b) by the insertion in section 9 (2), after “legal aid (District Court) certificate,” of “a legal aid (preliminary examination) certificate,”.

16. —(1) Subject to subsection (2)—

(a) a videorecording of any evidence given by a person under 17 years of age through a live television link at the preliminary examination of an offence to which this Part applies, and

(b) a videorecording of any statement made by a person under 14 years of age (being a person in respect of whom such an offence is alleged to have been committed) during an interview with a member of the Garda Síochána or any other person who is competent for the purpose,

shall be admissible at the trial of the offence as evidence of any fact stated therein of which direct oral evidence by him would be admissible:

Provided that, in the case of a videorecording mentioned in paragraph (b), either—

(i) it has been considered in accordance with section 15 (2) by the judge of the District Court conducting the preliminary examination of the offence, or

(ii) the person whose statement was videorecorded is available at the trial for cross-examination.

(2) (a) Any such videorecording or any part thereof shall not be admitted in evidence as aforesaid if the court is of opinion that in the interests of justice the videorecording concerned or that part ought not to be so admitted.

(b) In considering whether in the interests of justice such videorecording or any part thereof ought not to be admitted in evidence, the court shall have regard to all the circumstances, including any risk that its admission will result in unfairness to the accused or, if there is more than one, to any of them.

(3) In estimating the weight, if any, to be attached to any statement contained in such a videorecording regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.

(4) In this section “statement” includes any representation of fact, whether in words or otherwise.

17. —In any proceedings for an offence to which this Part applies in any circuit or district court district in relation to which any of the provisions of sections 13 to 16 or section 29 is not in operation the court concerned may, if in its opinion it is desirable that evidence be given in the proceedings through a live television link or by means of a videorecording, by order transfer the proceedings to a circuit or district court district in relation to which those provisions are in operation and, where such an order is made, the jurisdiction of the court to which the proceedings have been transferred may be exercised—

(a) in the case of the Circuit Court, by the judge of the circuit concerned, and

(b) in the case of the District Court, by the judge of that court for the time being assigned to the district court district concerned.

18. —Where—

(a) a person is accused of an offence to which this Part applies, and

(b) evidence is given by a person (in this section referred to as “the witness”) through a live television link pursuant to section 13 (1),

then—

(i) in case evidence is given that the accused was known to the witness before the date on which the offence is alleged to have been committed, the witness shall not be required to identify the accused at the trial of the offence, unless the court in the interests of justice directs otherwise, and

(ii) in any other case, evidence by a person other than the witness that the witness identified the accused at an identification parade as being the offender shall be admissible as evidence that the accused was so indentified.

19. —The references in sections 13 (1) (a), 14 (1) (b), 15 (1) (b) and 16 (1) (a) to a person under 17 years of age and the reference in section 16 (1) (b) to a person under 14 years of age shall include references to a person with mental handicap who has reached the age concerned.