15. Procedure in District Court in relation to certain offences
Criminal Evidence Act 1992
15. Procedure in District Court in relation to certain offences
(1) Where—
[(a) under Part IA of the Criminal Procedure Act 1967, the prosecutor consents to the sending forward for trial of an accused person [ … ],
(b) [ … ] a person who has made a videorecording under [section 16(1)(b)], is under 18 years of age on the date consent is given to the accused being sent forward for trial, and
(c) it is proposed that a videorecording of a statement made by the person concerned during an interview as mentioned in section 16(1)(b) shall be given in evidence pursuant to that section,
the prosecutor shall, in addition to causing the documents mentioned in section 4B(1) of that Act to be served on the accused—
(i) notify the accused that it is proposed so to give evidence, and
(ii) give the accused an opportunity of seeing the video-recording of the interview.
(2) The judge hearing an application under section 4E of the Criminal Procedure Act 1967 may consider any statement made, in relation to an offence, by a person in a videorecording mentioned in section 16(1)(b) if the person is available for cross-examination at the hearing of the application.
(3) If the accused consents, an edited version of the video-recording of an interview mentioned in section 16(1)(b), may, with leave of the judge hearing an application referred to in subsection (2) of this section, be shown at the hearing of the application, and, in that event, subsection (2) and section 16(1)(b) shall apply in relation to that version as it applies in relation to the original video-recording.
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S. 15 was substituted by s. 19 of the Criminal Justice Act 1999 (No.10 of 1999), with effect from October 1, 2001 (Criminal Justice Act, 1999 (Part III) (Commencement) Order 2001).Paragraphs (a), (b) and (c) in subs. (1) substituted by s.4(a)(i) and subs.(2) substituted by s.4(a)(ii) of the Criminal Law (Human Trafficking) (Amendment) Act 2013 (No. 24 of 2013) with effect from August 9, 2013.
Subsections (1)(a) and (1)(b) amended by s.30(h) of the Criminal Justice (Victims of Crime) Act 2017 (No. 28 of 2017) with effect from 30 May 2018 (S.I. No. 173 of 2018).