Criminal Procedure Code · s 236C

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236C.
Video recordings of evidence from child-witnesses
(1) This section applies in relation to proceedings for an offence to which section 236B(2) applies.
(2) In such proceedings, a video recording of an interview which -
(a) is conducted between an adult and a child who is not an accused, (in this section referred to as the child-witness); and
@)
relates to any matter in issue in those proceedings, may, with the leave of the Court, be given in evidence in so far as it is not excluded under subsection (3).
(3) Where a video recording is tendered in evidence under this section, the Court shall (subject to the exercise of any power to exclude evidence which is otherwise admissible) give leave under subsection (2), unless it is empowered to refuse such leave under subsection (4).

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(4) The Court shall refuse leave under subsection (2) if -
(a) it appears that the child-witness will not be available for cross-examination, either in person or through a live television link under section 236B;
(6) any rules of court requiring disclosure of the circumstances in which the video recording was made have not been complied with to its satisfaction; or
(c) the Court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the video recording ought not to be admitted.
(5) The Court may, if it gives leave under subsection (2) and is of the opinion that in the interests of justice any part of the video recording ought not to be admitted, direct that such part shall be excluded.
(6) In considering whether any part of a video recording ought to be excluded under subsection (5), the Court shall consider whether any prejudice to an accused, which might result from the admission to that part, is outweighed by the desirability of showing the whole or substantially the whole of the video recording.
(7) Where a video recording has been admitted in evidence under this section -
(a) the child-witness shall be called by the party who tendered it in evidence, either in person or through a live television link under section 236B; and
(6) the child-witness shall not be examined-in-chief on any matter which, in the opinion of the Court, has been dealt with in his video recording evidence.
(8) Where a video recording has been given in evidence under this section, any statement made by the child-witness which is disclosed by the video recording shall be treated as if made by him in direct order evidence; and accordingly -
(a) such statement shall be admissible evidence of any fact of which such evidence from him would be admissible;

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CAP.7 137
(21)
no such statement shall be capable of corroborating any other evidence given by him, and in estimating the weight, if any, to be attached to such a statement, regard shall be had to all the circumstances fiom which any inference can reasonably be drawn, whether as to its accuracy or otherwise.
(9) A Magistrate holding a preliminary inquiry under
Chapter XVII may consider any video recording in respect of which leave under subsection (2) is to be sought at the trial, notwithstanding that the child-witness is not called at the preliminary inquiry.
(10) Nothing in this section prejudices the admissibility of any video recording which would be admissible apart from this section.
(1 1) In this section -
"child" means a person who is under 14 years of age when the video recording was made;
"statement" includes any representation of fact, whether made in words or otherwise;
"video recording" means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track.

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s 236CVideo recordings of evidence from child-witnesses

(1)

This section applies in relation to proceedings for an offence to which section 236B(2) applies.

(2)

In such proceedings, a video recording of an interview which -

(a)

is conducted between an adult and a child who is not an accused, (in this section referred to as the child-witness); and

relates to any matter in issue in those proceedings, may, with the leave of the Court, be given in evidence in so far as it is not excluded under subsection (3).

(3)

Where a video recording is tendered in evidence under this section, the Court shall (subject to the exercise of any power to exclude evidence which is otherwise admissible) give leave under subsection (2), unless it is empowered to refuse such leave under subsection (4).

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(4)

The Court shall refuse leave under subsection (2) if -

(a)

it appears that the child-witness will not be available for cross-examination, either in person or through a live television link under section 236B;

(6)

any rules of court requiring disclosure of the circumstances in which the video recording was made have not been complied with to its satisfaction; or

(c)

the Court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the video recording ought not to be admitted.

(5)

The Court may, if it gives leave under subsection (2) and is of the opinion that in the interests of justice any part of the video recording ought not to be admitted, direct that such part shall be excluded.

(6)

In considering whether any part of a video recording ought to be excluded under subsection (5), the Court shall consider whether any prejudice to an accused, which might result from the admission to that part, is outweighed by the desirability of showing the whole or substantially the whole of the video recording.

(7)

Where a video recording has been admitted in evidence under this section -

(a)

the child-witness shall be called by the party who tendered it in evidence, either in person or through a live television link under section 236B; and

(6)

the child-witness shall not be examined-in-chief on any matter which, in the opinion of the Court, has been dealt with in his video recording evidence.

(8)

Where a video recording has been given in evidence under this section, any statement made by the child-witness which is disclosed by the video recording shall be treated as if made by him in direct order evidence; and accordingly -

(a)

such statement shall be admissible evidence of any fact of which such evidence from him would be admissible;

(21)

no such statement shall be capable of corroborating any other evidence given by him, and in estimating the weight, if any, to be attached to such a statement, regard shall be had to all the circumstances fiom which any inference can reasonably be drawn, whether as to its accuracy or otherwise.

(9)

A Magistrate holding a preliminary inquiry under

Chapter XVII may consider any video recording in respect of which leave under subsection (2) is to be sought at the trial, notwithstanding that the child-witness is not called at the preliminary inquiry.

(10)

Nothing in this section prejudices the admissibility of any video recording which would be admissible apart from this section.

(1 1) In this section -

"child" means a person who is under 14 years of age when the video recording was made;

"statement" includes any representation of fact, whether made in words or otherwise;

"video recording" means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track.