Criminal Justice Act, 1999

Amendment of section 15 of Act of 1992.

19.—The Act of 1992 is hereby amended by the substitution of the following section for section 15:

Procedure in relation to certain offences.

15.—(1) Where—

(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 is under 17 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 referred to in paragraph (b) of this subsection during an interview as mentioned in section 16(1)(b) shall be given in evidence pursuant to that section,

the prosecutor shall, in addition to causing the documents mentioned in section 4B(1) of that Act to be served on the accused—

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

(ii) give the accused an opportunity of seeing the videorecording of the interview.

(2) If the person in respect of whom the offence is alleged to have been committed is available for cross-examination at the hearing of an application under section 4E of the Criminal Procedure Act, 1967 , the judge hearing the application may consider any statement made in relation to that offence by that person on a videorecording mentioned in section 16(1)(b) of this Act.

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