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Evidence (Miscellaneous Provisions) Act 1991
69Recording evidence given by audiovisual link or in
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69 Recording evidence given by audiovisual link or in
courtroom
(1) This section applies if a witness gives evidence in a relevant
proceeding under section 68—
(a) by audiovisual link; or
(b) in the courtroom under an order made by the court under
section 68 (2).
(2) The evidence given by the witness must be recorded as an audiovisual
(3) However, unless the court otherwise orders, evidence given in the
courtroom may be recorded only if the witness consents.
(4) In deciding whether to make an order under subsection (3), the court
must consider the wishes of the witness.
(5) A recording of evidence given by a witness in a relevant proceeding
under section 68 (whether by audiovisual link or in the courtroom) is
admissible as the witness’s evidence in a related proceeding unless
the court in the related proceeding otherwise orders.
(6) However, the court in the related proceeding may—
(a) refuse to admit any part of the recording in evidence; and
(b) if the court refuses to admit part of the recording in evidence—
order that the part that is not admitted be deleted from the
(7) A party to a related proceeding may apply to the court for an order
that the witness attend the hearing to give further evidence.
(8) The court must not make the order unless satisfied that—
(a) the applicant has become aware of something that the applicant
did not know or could not reasonably have known when the
recording was made; and
(b) if the witness had given evidence in person at the hearing—the
witness could be recalled; and
(c) it is in the interests of justice to make the order.
(9) In this section:
related proceeding, in relation to the relevant proceeding in which
the evidence given was recorded, means—
(a) a re-hearing or re-trial of, or appeal from, the hearing of the
proceeding; or
(b) another proceeding in the same court as the proceeding for the
(c) a proceeding for another offence arising from the same, or the
same set of, circumstances; or
(d) a civil proceeding arising from the offence.