Live links of witnesses Flashcards
Q: Can witnesses give their testimony by other means? Eg: live television link
s32(1) CJA 1988: witnesses outside UK (other than accused) may give evidence through live TV link.
This applies to trials on indictment, NOT summary trials, proceedings in YC, appeals from YC and crown court in extradition proceedings.
Q: Is there a power for the court to permit evidence to be given by telephone?
A court has no inherent power to permit evidence to be given by telephone, even with the consent of the parties- Hampson 2012
Q: Can witnesses give their evidence via ‘live link’ inside the UK?
s51 CJA 2003- witnesses, other than accused, may give evidence through ‘live link’ from another location in UK, rather than overseas.
‘Live link’ is closed circuit TV link, but also includes technology with same effect eg: video conferencing facilities or the internet (s56(2)).
Court may only authorise live link if it is satisfied it is in the interests of the efficient or effective administration of justice for the person to give his evidence in this manner (s51(4)).
