Criminal Evidence Act, 1992

Videorecording as evidence at trial.

16.—(1) Subject to subsection (2)

(a) a videorecording of any evidence given by a person under 17 years of age through a live television link at the preliminary examination of an offence to which this Part applies, and

(b) a videorecording of any statement made by a person under 14 years of age (being a person in respect of whom such an offence is alleged to have been committed) during an interview with a member of the Garda Síochána or any other person who is competent for the purpose,

shall be admissible at the trial of the offence as evidence of any fact stated therein of which direct oral evidence by him would be admissible:

Provided that, in the case of a videorecording mentioned in paragraph (b), either—

(i) it has been considered in accordance with section 15 (2) by the judge of the District Court conducting the preliminary examination of the offence, or

(ii) the person whose statement was videorecorded is available at the trial for cross-examination.

(2) (a) Any such videorecording or any part thereof shall not be admitted in evidence as aforesaid if the court is of opinion that in the interests of justice the videorecording concerned or that part ought not to be so admitted.

(b) In considering whether in the interests of justice such videorecording or any part thereof ought not to be admitted in evidence, the court shall have regard to all the circumstances, including any risk that its admission will result in unfairness to the accused or, if there is more than one, to any of them.

(3) In estimating the weight, if any, to be attached to any statement contained in such a videorecording regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.

(4) In this section “statement” includes any representation of fact, whether in words or otherwise.