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Screens
s.14A Criminal Evidence Act 1992
(Inserted by s.30 (d) Criminal Justice (Victims of Crime) Act 2017
14A. Placement of screen etc. for giving of evidence
(1) Where a person who is under 18 years of age is to give evidence other than through a live television link in respect of a relevant offence, the court may, on the application of the prosecution or the accused, direct that a screen or other similar device be positioned, in an appropriate place, so as to prevent the witness from seeing the accused when giving evidence, unless the court is satisfied that in all the circumstances of the case such a direction would be contrary to the interests of justice.
(2) Subject to section 14AA, where—
(a) a person who is a victim of an offence, other than a relevant offence, is under 18 years of age and the person is to give evidence, other than through a live television link, in respect of the offence, or
(b) a person who is a victim of any offence has attained the age of 18 years and the person is to give evidence, other than through a live television link, in respect of such an offence,
the court may, on the application of the prosecution or the accused, if satisfied that the interests of justice so require, 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.
(3) A witness giving evidence under subsection (1) or (2) shall be capable of seeing and hearing and being seen and heard by—
(a) the judge and jury (if any),
(b) legal representatives acting in the proceedings,
(c) any interpreter, intermediary appointed under section 14 or any other person appointed to assist the witness,
and shall be capable of being heard by the accused.
A screen is available to:
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14A(1) a child witness giving evidence in relation to a relevant offence
(Test under 14AA doesn't apply)
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14 (2)(a) a child victim who is giving evidence in relation to an offence other than a relevant offence
(Test under 14AA applies)
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14 (2)(b) an adult victim who is giving evidence in relation to an offence other than a relevant offence.
(Test under 14AA applies)
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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.
The use of screens under this section came into effect on 30 May 2018 only for the Central Criminal Court, the Dublin Circuit Criminal Court and the Dublin Metropolitan District of the District Court (S.I. No. 173 of 2018).
The Commencement Order for the rest of the country has not been made yet.
However screens are still available through the permission of the court due to a case called
R v Smellie ( (1919) 14 Cr App R 128 ) where the complainant gave evidence while the defendant (her father) was out of sight but within hearing.