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Witnesses in fear or subject to intimidation.
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39.—(1) Subject to subsection (2), in any proceedings on indictment for an offence (including proceedings under Part IA of the Act of 1967) a person other than the accused may, with the leave of the court, give evidence through a live television link.
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(2) A court shall not grant leave under subsection (1) unless it is satisfied that the person is likely to be in fear or subject to intimidation in giving evidence otherwise.
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(3) Evidence given under subsection (1) shall be videorecorded.
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(4) In any proceedings referred to in subsection (1) in any circuit or district court district where the court is satisfied that leave should be granted for evidence to be given through a live television link pursuant to subsection (1) but the necessary facilities for doing so are not available in that circuit or district, the court may by order transfer the proceedings to a circuit or district court district where such facilities are available and, where such an order is made, the jurisdiction of the court to which the proceedings have been transferred may be exercised—
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(a) in the case of the Circuit Court, by the judge of the circuit concerned, and
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(b) in the case of the District Court, by the judge of that court for the time being assigned to the district court district concerned.
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(5) Where evidence is given by a person (“the witness”) through a live television link pursuant to subsection (1)—
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(a) in case evidence is given that the accused was known to the witness before the date on which the offence in question is alleged to have been committed, the witness shall not be required to identify the accused, unless the court in the interests of justice directs otherwise, and
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(b) in any other case, evidence by a person other than the witness that the witness identified the accused as being the offender at an identification parade or by other means shall be admissible as evidence that the accused was so identified.
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(6) This section is without prejudice to any other enactment providing for the giving of evidence through a live television link.
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