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CRIMINAL EVIDENCE ACT, 1992
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PART V Miscellaneous | ||
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Oath or affirmation not necessary for child etc., witness. |
27. —(1) Notwithstanding any enactment, in any criminal proceedings the evidence of a person under 14 years of age may be received otherwise than on oath or affirmation if the court is satisfied that he is capable of giving an intelligible account of events which are relevant to those proceedings. | |
(2) If any person whose evidence is received as aforesaid makes a statement material in the proceedings concerned which he knows to be false or does not believe to be true, he shall be guilty of an offence and on conviction shall be liable to be dealt with as if he had been guilty of perjury. | ||
(3) Subsection (1) shall apply to a person with mental handicap who has reached the age of 14 years as it applies to a person under that age. | ||
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Abolition of requirement of corroboration for unsworn evidence of child, etc. |
28. —(1) The requirement in section 30 of the Children Act, 1908, of corroboration of unsworn evidence of a child given under that section is hereby abolished. | |
(2) (a) Any requirement that at a trial on indictment the jury be given a warning by the judge about convicting the accused on the uncorroborated evidence of a child is also hereby abolished in relation to cases where such a warning is required by reason only that the evidence is the evidence of a child and it shall be for the judge to decide, in his discretion, having regard to all the evidence given, whether the jury should be given the warning. | ||
(b) If a judge decides, in his discretion, to give such a warning as aforesaid, it shall not be necessary to use any particular form of words to do so. | ||
(3) Unsworn evidence received by virtue of section 27 may corroborate evidence (sworn or unsworn) given by any other person. | ||
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Evidence through television link by persons outside State. |
29. —(1) Without prejudice to section 13 (1), in any criminal proceedings a person other than the accused who is outside the State may, with the leave of the court, give evidence through a live television link. | |
(2) Evidence given under subsection (1) shall be videorecorded. | ||
(3) Any person who while giving evidence pursuant to subsection (1) makes a statement material in the proceedings which he knows to be false or does not believe to be true shall, whatever his nationality, be guilty of perjury. | ||
(4) Proceedings for an offence under subsection (3) may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State. | ||
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Copies of documents in evidence. |
30. —(1) Where information contained in a document is admissible in evidence in criminal proceedings, the information may be given in evidence, whether or not the document is still in existence, by producing a copy of the document, or of the material part of it, authenticated in such manner as the court may approve. | |
(2) It is immaterial for the purposes of subsection (1) how many removes there are between the copy and the original, or by what means (which may include facsimile transmission) the copy produced or any intermediate copy was made. | ||
(3) In subsection (1) “document” includes a film, sound recording or videorecording. |