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Evidence through television link
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Evidence through television link for use in State.
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67.— (1) This section applies where—
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(a) criminal proceedings have been instituted in the State against a person,
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(b) a witness in the proceedings is in a designated state, and
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(c) it is not desirable or possible for the witness to give evidence in person.
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(2) Where this section applies, an application may be made by or on behalf of the Director of Public Prosecutions or the accused to a judge of the court of trial at a sitting of the court to issue a letter (a “letter of request”) requesting the provision of facilities in the designated state concerned to enable the witness to give evidence in the proceedings through a live television link.
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(3) The judge may grant the application if satisfied that it is not desirable or possible for the witness to give evidence in person.
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(4) The letter of request shall be accompanied by a document signed by the judge and stating—
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(a) the name, address and, if known, the nationality of the witness,
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(b) the court which is to hear the evidence,
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(c) the name of the judge conducting the hearing,
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(d) why it is not desirable or possible for the witness to give evidence in person, and
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(e) the likely date of the hearing.
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(5) The request shall be sent to the Central Authority for transmission—
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(a) in urgent cases, to the court or tribunal specified in the request, or
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(b) in any other case, to any authority recognised by the state concerned as the appropriate authority for receiving such requests.
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(6) If the name of the judge conducting the hearing is not available at the time the letter of request is issued, it shall be sent to the Central Authority for such transmission as soon as it becomes available.
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(7) The accused shall be given an opportunity to cross-examine and re-examine the witness at the hearing.
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(8) Evidence given through the live television link at the hearing shall be videorecorded.
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(9) The videorecording of the evidence or, if the accused consents, an edited version of it, is admissible at the trial of the offence as evidence of any fact of which direct oral evidence would be admissible, unless the trial judge is of the opinion that to do so would not be in the interests of justice.
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(10) The provisions of the relevant international instrument concerning a hearing through a live television link, in so far as they relate to a requesting state and are not incorporated in this section, have effect in the State, with the necessary modifications, in relation to a hearing under this section.
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(11) A witness who makes a statement which is material in the proceedings and which he or she knows to be false or does not believe to be true is guilty of an offence and liable—
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(a) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, or
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(b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.
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(12) Proceedings for an offence under subsection (11) may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.
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(13) In this section “videorecording” means any recording, on any medium, from which a moving image may be produced and includes the accompanying soundtrack, and cognate words shall be construed accordingly.
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