NTIn ForceAct
Evidence Act 1939
21EAudiovisual record of evidence of vulnerable witness
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21E Audiovisual record of evidence of vulnerable witness
(1) If a vulnerable witness is to give evidence in criminal proceedings,
and facilities are available for making an audiovisual record of the
evidence, the court may direct that an audiovisual record be made
of the witness's evidence.
Evidence Act 1939 11
(2) An order may be made under this section whether or not special
measures are taken for the protection of the witness.
(3) An audiovisual record made under this section forms part of the
records of the court.
(4) If, in later civil or criminal proceedings, a court is satisfied that
evidence of which an audiovisual record has been made under this
section is relevant to the later proceedings, the court may admit the
audiovisual record in evidence.
(5) Before the court admits an audiovisual record in evidence, it may
have the record edited to exclude irrelevant material or material that
is otherwise inadmissible in the later proceedings.
(6) If a court admits an audiovisual record in evidence under this
section, the court may relieve the witness wholly or in part from an
obligation to give evidence in the later proceedings.