Evidence
(Television and Video Recordings) Rules 2006
1 Interpretation[2]
In
these Rules, unless the context otherwise requires –
“Greffier”
means the Judicial Greffier;
“Judge”
means –
(a) in
the case of an application for evidence to be given or tendered in proceedings
before the Royal Court, the Bailiff; or
(b) in
the case of an application for evidence to be given or tendered in proceedings
before the Magistrate’s Court, the Magistrate;
“Law” means
the Criminal Justice
(Evidence of Children) (Jersey) Law 2002.
2 Evidence
through television link where witness is a child or is to be cross-examined
after admission of a video recording
(1) Any
party may apply for leave under Article 2(1) of the Law for evidence to be
given through a live television link where –
(a) the
offence charged is one referred to in Article 2(1) of the Law; and
(b) the
evidence is to be given by a witness who is either –
(i) in the case of an
offence falling within Article 2(1)(a) or (b)(i) of the Law under the age
of 14,
(ii) in
the case of an offence falling within Article 2(1)(b)(ii), (iii) or (iv)
or (c) of the Law under the age of 17, or
(iii) a
person who is to be cross-examined following the admission under Article 3
of the Law of a video recording of testimony from the person,
and references to an
offence include references to attempting or conspiring to commit, or aiding,
abetting, counselling, procuring or inciting the commission of, that offence.
(2) An
application under paragraph (1) is made by giving notice in writing in the
form set out in Schedule 1 or a form to the like effect.
3 Video
recordings of testimony from child witnesses
(1) Any
party may apply for leave under Article 3 of the Law to tender in evidence
a video recording of testimony from a witness where –
(a) the
offence charged is one referred to in Article 2(1) of the Law;
(b) in
the case of an offence falling within Article 2(1)(a) or (b)(i) of the
Law, the proposed witness is under the age of 14 or, if the proposed witness
was under 14 when the video recording was made, is under the age of 15;
(c) in
the case of an offence falling within Article 2(1)(b)(ii), (iii) or (iv)
or (c) of the Law, the proposed witness is under the age of 17 or, if the
proposed witness was under 17 when the video recording was made, is under
the age of 18; and
(d) the
video recording is of an interview conducted between an adult and a person
coming within sub-paragraph (b) or (c) of this paragraph (not being
the accused or one of the accused) which relates to any matter in issue in the
proceedings,
and references to an
offence include references to attempting or conspiring to commit, or aiding,
abetting, counselling, procuring or inciting the commission of, that offence.
(2) An
application under paragraph (1) is made by giving notice in writing in the
form set out in Schedule 2 or a form to the like effect.
(3) The
application must be accompanied by the video recording which it is proposed to
tender in evidence and shall include the following, namely –
(a) the
name of the accused and the offence or offences charged;
(b) the
name and date of birth of the witness in respect of whom the application is
made;
(c) the
date on which the video recording was made;
(d) a
statement that in the opinion of the applicant the witness is willing and able
to attend the trial for cross-examination;
(e) a
statement of the circumstances in which the video recording was made which
complies with paragraph (4);
(f) the
date on which the video recording was disclosed to the other party or parties.
(4) If
it is proposed to tender part only of a video recording of an interview with
the witness, an application under paragraph (1) must specify that part and
be accompanied by a video recording of the entire interview, including those
parts which it is not proposed to tender in evidence, and by a statement of the
circumstances in which the video recording of the entire interview was made
which complies with paragraph (5).
(5) The
statement of the circumstances in which the video recording was made referred
to in paragraphs (3)(e) and (4) must include the following information,
except in so far as it is contained in the recording itself,
namely –
(a) the
times at which the recording commenced and finished, including details of any
interruptions;
(b) the
location at which the recording was made and the usual function of the
premises;
(c) the
name, age and occupation of any person present at any point during the
recording; the time for which the person was present; the person’s
relationship (if any) to the witness and to the accused;
(d) a
description of the equipment used including the number of cameras used and
whether they were fixed or mobile; the number and location of microphones; the
video format used and whether there were single or multiple recording
facilities;
(e) the
location of the mastertape if the video recording is a copy and details of when
and by whom the copy was made.
4 Time
limits and procedure generally[3]
(1) An
application under Rule 2(1) or 3(1), as the case may be, must be made no later
than 28 days before the date fixed for the trial of the accused.
(2) The
notice under Rule 2(2) or 3(2), as the case may be, must be sent to the
Greffier and at the same time a copy thereof must be sent by the applicant to
every other party to the proceedings.
(3) Copies
of any video recording required by Rule 3(3) or (4) must, as soon as may be
after paragraph (2) has been complied with, be sent to the Greffier and
must be made available for viewing by any other party to the proceedings.
(4) A
party who receives a notice in accordance with Rule 2(2) or 3(2), as the case
may be, who wishes to oppose the application must within 14 days of service of
the relevant notice notify the applicant and the Greffier in writing of the
party’s opposition giving the reasons therefor and, in the case of an
application under Rule 3(1) to tender in evidence a video recording of
testimony from a witness, such notification must state –
(a) whether
the party objects to the admission of any part of the video recording or
recordings disclosed, giving the party’s reasons why it would not be in
the interests of justice for it to be admitted;
(b) whether
the party would agree to the admission of part of the video recording or
recordings disclosed and, if so, which part or parts,
and whether the party
wishes to be represented at any hearing of the application.
(5) Unless
the Judge otherwise directs, an application under Rule 2(1) or 3(1),
as the case may be, shall be determined by the Judge without a hearing but, if the
Judge directs that there should be a hearing, the Greffier shall notify all the
parties of the time and place of that hearing.
(6) However,
if a party notifies the Greffier pursuant to paragraph (4) that the party
objects to the admission of any part of the video recording and that the party
wishes to be represented at any hearing or, in any other case where the Judge
so directs, the application shall be determined at a hearing at which the
applicant and such other party or parties as the Judge may direct may be
represented.
(7) In
the case of a decision of the Judge in relation to an application under Rule 2(1),
the Greffier shall notify all the parties and any person who is to accompany
the witness (if known) of the decision of the Judge and, if leave is granted,
the notification shall state –
(a) the
name and date of birth of the witness;
(b) if
known, the name, occupation and relationship (if any) to the witness of any
person who is to accompany the witness; and
(c) the
location at which the trial should take place,
and a witness giving
evidence through a television link pursuant to such leave shall be accompanied
by a person acceptable to the Judge and, unless the Judge otherwise directs, by
no other person.
(8) In
the case of a decision of the Judge in relation to an application under Rule 3(1),
the Greffier shall notify all the parties of it in writing and, if leave is
granted, the notification shall state whether the whole or specified parts only
of the video recording or recordings disclosed are to be admitted in evidence.
(9) The
period of 28 days referred to in paragraph (1) may be abridged by the
Judge on an application made in writing specifying the grounds of the
application and sent to the Greffier; and the Greffier shall notify all the
parties of the decision of the Judge.
(10) An
application for abridgement of time under paragraph (9) shall be
determined by the Judge without a hearing unless the Judge otherwise directs.
5 Citation
These Rules may be cited
as the Evidence (Television and Video Recordings) Rules 2006.