Videolink
s.13 Criminal Evidence Act 1992
S.13 (Videolink) is now no longer included in this section so for persons with an intellectual disability under s.19 CEA 1992 - applications for videolink can be made under s.13(1)(b) Criminal Evidence Act 1992
14AA. Matters to be taken into account under sections 13, 14 and 14A regarding victims
The court, in deciding—
(a) whether to grant leave under section 13(1A) for a victim to give evidence through a live television link,
(b) whether, under section 14(1A), the interests of justice require that it direct that questions be put to the victim through an intermediary, or
(c) whether, under section 14A(2), the interests of justice require that it direct that a screen or other similar device be positioned, in an appropriate place, so as to prevent the victim from seeing the accused when giving evidence,
shall have regard to the need to protect the victim from secondary and repeat victimisation, intimidation or retaliation, taking into account—
(i) the nature and circumstances of the case, and
(ii) the personal characteristics of the victim.
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s.13 Criminal Evidence Act 1992
(1) In any proceedings (including proceedings under section 4E or 4F of the Criminal Procedure Act, 1967) for a relevant offence a person other than the accused may give evidence, whether from within or outside the State, through a live television link—
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(a) if the person is under 18 years of age, unless the court sees good reason to the contrary,
(b) in any other case, with the leave of the court.
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[(1A) In any proceedings (including proceedings under section 4E or 4F of the Criminal Procedure Act 1967) relating to an offence, other than a relevant offence, a court may, subject to section 14AA, grant leave for a victim of the offence to give evidence, whether from within or outside the State, through a live television link.
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(2) Evidence given under subsection (1) [or (1A)] shall be video recorded.
Commencements for this support measure may not be made in all areas due to the unavailability of videolink facilities in some areas.
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Section 13 Commencement Order for the Circuit Court sitting in Cork Circuit as of May 2, 2005 by the Criminal Evidence Act 1992 (Section 13) (Commencement) Order 2005 (S.I. No. 221 of 2005).
Section 13 Commencement Order for the District Court sitting in District No. 19 as of July 8, 2005 by the Criminal Evidence Act 1992 (Section 13) (Commencement)(No. 2) Order 2005 (S.I. No. 296 of 2005).
Section 13 commenced for the Circuit Court sitting in the South Eastern Circuit and the District Court sitting in District No.8 by the Criminal Evidence Act 1992 (Section 13) (Commencement) Order 2007 (No. 52 of 2007) with effect from February 12, 2007.
Section 13 commenced for the Circuit Court sitting in the Midland Circuit and, the District Court sitting in District No. 9 by the Criminal Evidence Act 1992 (Section 13) (Commencement) (No. 2) Order (S.I. No. 572 of 2007) with effect from August 20, 2007.
(a) if the person is under 18 years of age, unless the court sees good reason to the contrary,
(b) in any other case, with the leave of the court.
Section 13 commenced for the following Districts: (a) the Circuit Court sitting in the Eastern Circuit, (b) the Circuit Court sitting in the Northern Circuit, (c) the Circuit Court sitting in the South-Western Circuit, (d) the Circuit Court sitting in the Western Circuit, (e) the District Court sitting in District No. 1, (f) the District Court sitting in District No. 2, (g) the District Court sitting in District No. 3, (h) the District Court sitting in District No. 5, (i) the District Court sitting in District No. 6, (j) the District Court sitting in District No. 7, (k) the District Court sitting in District No. 13, (l) the District Court sitting in District No. 15, and (m) the District Court sitting in District No. 22 by the Criminal Evidence Act 1992 (Section 13)(Commencement) Order 2015 (S.I. No. 205 of 2015) with effect from June 2, 2015.
Section 13 commenced in respect of the District Court siting in Nos. 10, 12, 23, 24 and 25 by art.2 of the Criminal Evidence Act 1992 (Section 13) (Commencement) Order 2018 (S.I. No. 186 of 2018) with effect from 30 May 2018.