Criminal Law (Human Trafficking) (Amendment) Act 2013
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Amendment of Criminal Evidence Act 1992. |
4.— The Criminal Evidence Act 1992 is amended— | |
(a) in section 15— | ||
(i) in subsection (1), by substituting the following paragraphs for paragraphs (a), (b) and (c): | ||
“(a) under Part IA of the Criminal Procedure Act 1967 , the prosecutor consents to the sending forward for trial of an accused person who is charged with an offence to which this Part applies, | ||
(b) the person in respect of whom the offence is alleged to have been committed, or a person who has made a videorecording under section 16(1)(b)(ii), is under 18 years of age on the date consent is given to the accused being sent forward for trial, and | ||
(c) it is proposed that a videorecording of a statement made by the person concerned during an interview as mentioned in section 16(1)(b) shall be given in evidence pursuant to that section,”, | ||
and | ||
(ii) by substituting the following subsection for subsection (2): | ||
“(2) The judge hearing an application under section 4E of the Criminal Procedure Act 1967 may consider any statement made, in relation to an offence, by a person in a videorecording mentioned in section 16(1)(b) if the person is available for cross-examination at the hearing of the application.”, | ||
(b) in section 16(1), by substituting the following paragraph for paragraph (b): | ||
“(b) a videorecording of any statement made during an interview with a member of the Garda Síochána or any other person who is competent for the purpose— | ||
(i) by a person under 14 years of age (being a person in respect of whom such an offence is alleged to have been committed), or | ||
(ii) by a person under 18 years of age (being a person other than the accused) in relation to an offence under— | ||
(I) section 3 (1), (2) or (3) of the Child Trafficking and Pornography Act 1998 , or | ||
(II) section 2 , 4 or 7 of the Criminal Law (Human Trafficking) Act 2008 ,”, | ||
and | ||
(c) in section 19, by substituting “16(1)(a) and (b)(ii) to a person under 18 years of age and the reference in section 16(1)(b)(i)” for “16(1)(a) to a person under 18 years of age and the reference in section 16(1)(b)”. |