Criminal Justice (Miscellaneous Provisions) Act 2023

Evidence through television link for civil proceedings

39. (1) In proceedings under this Part, a person (other than the respondent) may give evidence through a live television link—

(a) where that person has not attained the age of 18 years, 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 video-recorded or audio-recorded.

(3) Where live television link facilities are not in operation in a circuit court or district court district, and in the opinion of the court concerned it is desirable that evidence in proceedings under this Part be given through a live television link, the court may by order transfer the proceedings to a circuit or district court district in relation to which those facilities are in operation.

(4) Where a court transfers proceedings under subsection (3), 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.

(5) In this section, “video-recorded” means a recording on any medium from which a moving image may, by any means, be produced and includes the accompanying soundtrack (if any).