Evidence Act now in effect

The law which permits witnesses to give evidence using video technology is now in effect.

The Ministry of  Justice today confirmed that the Evidence (Special Measures) Act 2012 and the (Video Recorded Evidence) (Criminal Proceedings) Regulations 2015 took effect on July 2.    

The Act provides for evidence to be admitted in criminal proceedings and Coroner's inquests by witnesses, using a live link or a video recording of  the testimony. This means a witness is not required to be physically present in court, but is able to see and hear what is taking place in the courtroom and be seen and heard by the parties. It also  facilitates the giving of  evidence by vulnerable witnesses, such as children under 18 years old who are victims of  sexual offences, and witnesses who are unlikely to be available to the court due to fear for their lives.

Provision is also made in the Civil Procedure Rules for the admissibility of  evidence given via video link in civil matters.   

A section of  the Corporate Area Criminal Court has been retrofitted to accommodate live links while preparations are advanced for  facilities at the Supreme Court. The Ministry of  Justice says it is expected that the legislation will reduce delays in trials due to the unavailability of  witnesses to give  testimony in court.

"This will provide an avenue for persons in the system that will  ensure the stack of vulnerable witnesses who are intimidated by the "informer fi dead"culture, this will provide an avenue to give their evidence in some degree of comfort without having   to be physically in the same courtroom," said Director of Public Prosecutions, Paula Llewelyn.