Criminal Evidence Act, 1992
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Procedure in District Court in relation to certain offences. |
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,”. |