Video Evidence in UK Law
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R v Feltham Magistrates Court, ex parte Ebrahim ; Mouat v DPP
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If, in such a case, there is sufficient credible evidence, apart from the missing evidence, which, if believed, would justify a safe conviction, then a trial should proceed, leaving the defendant to seek to persuade the jury or magistrates not to convict because evidence which might otherwise have been available was not before the court through no fault of his. Often the absence of a video film or fingerprints or DNA material is likely to hamper the prosecution as much as the defence.
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Rall v Hume
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In principle, as it seems to me, the starting point on any application of this kind must be that, where video evidence is available which, according to the defendant, undermines the case of the claimant to an extent that would substantially reduce the award of damages to which she is entitled, it will usually be in the overall interests of justice to require that the defendant should be permitted to cross-examine the plaintiff and her medical advisors upon it, so long as this does not amount to trial by ambush.
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Kiarie v Secretary of State for the Home Department
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I see no reason in principle why use of modern video facilities should not provide an effective means of providing oral evidence and participation from abroad, so long as the necessary facilities and resources are available. That put the burden on the applicant to make all the necessary arrangements at his own cost, as was arguably appropriate for a party seeking an indulgence to depart from the norm.
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Polanski v The Conde Nast Publications Ltd
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It is the factor that leaves me in no doubt that the general rule should be that the fugitive's unwillingness to come to this country is not in itself a reason for refusing to allow his evidence to be given through a video conference link. So long as the claimant remains where he is, and irrespective of whether or not the order is made, those processes will be incapable of reaching him if he is a member of that class of fugitives that cannot be extradited.
But it would be a strong thing indeed to use such case management powers to exclude the admissible evidence of one of the parties on the central facts of the case. It might be grossly unjust to the other party, even contrary to his right to a fair trial under article 6 of the European Convention on Human Rights, to decide a claim principally on the untested evidence of a party who had not been subject to cross-examination of any sort.
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R v Rawlings ; R v Broadbent
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In our judgment it is a matter for the judge's discretion as to whether the jury's request for the video to be replayed should be granted or refused. He must have in mind the need to guard against unfairness deriving from the replay of only the evidence in chief of the complainant. Usually, if the jury simply wish to be reminded of what the witness said, it would be sufficient and most expeditious to remind them from his own note.
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R (DPP) v Redbridge Youth Court
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Again the court is required to strike a balance, on this occasion between the right of the defendant to have a hearing in accordance with the norm and the need to provide protection in accordance with the legislative purpose, in the interests not only of the child witness but also of justice, to ensure that the witness will be able to give evidence and give evidence unaffected by the stress of appearing in court itself.
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Coronavirus Act 2020
... ... 7), s. 89 (with s. 90) ... Courts and tribunals: use of video and audio technology ... 53: Expansion of availability of live links in ... and 8AA (provisions relating to registration) ;(c) Article 11(1) (evidence of qualification required for registration) ;(d) Article 15 (retention ... ...
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The Criminal Procedure Rules 2015
... ... of the case and compliance with directions;(e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest ... admitting video recorded evidence (sections 27 and 28 of the 1999 Act ) , ... questioning ... ...
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Finance Act 2013
... ... 36: Relief for television production and video games development ... (1) Schedule 16 contains provision about television ... of a prescribed description,(b) give the Commissioners such evidence as they may require of a prescribed matter, and(c) give a prescribed ... ...
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Youth Justice and Criminal Evidence Act 1999
... ... and(c) a “relevant recording”, in relation to a child witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness ... (2) Where the court, in making a ... ...
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Video Games: Some Pitfalls of Video Evidence
CCTV evidence is regularly employed in criminal cases, yet there has been relatively little consideration of the manner in which such evidence is collected and subsequently handled. The use of CCTV...
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Gestalt contexture and contested motives: Understanding video evidence in the murder trial of Officer Michael Slager
This article is situated in ongoing discussions about the influx of images of police violence. To date, much scholarship has centred on Foucauldian notions of knowledge-power and sousveillance. Alt...
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Gestalt contexture and contested motives: Understanding video evidence in the murder trial of Officer Michael Slager
This article is situated in ongoing discussions about the influx of images of police violence. To date, much scholarship has centred on Foucauldian notions of knowledge-power and sousveillance. Alt...
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Determining authenticity of video evidence in the age of artificial intelligence and in the wake of Deepfake videos
Deepfake videos are the product of artificial intelligence or machine-learning applications that merge, combine, replace and superimpose images and video clips onto a video, creating a fake video t...
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The perils of giving video evidence
If evidence is to be given remotely, via video link, from another country, be sure to check that this is permitted by the laws of that country. Please see full Publication below for more informa...
- Real World Evidence (Video Content)
- Smart Phone Video Recordings Form Vital Evidence In Will Challenge Trial
- J2J Clinical Negligence Webinar: Session 2 ' Making Or Breaking Your Claim/Defence: Expert Evidence (Video)
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Case management information sheet
Commercial Court forms including claims and application notices.... ... (9) (a) On the evidence of how many witnesses of fact do you intend to rely at trial (subject to ... (e) Do you wish any witness to give oral evidence by video link? Please give his or her name, or explain why this is not being done ... ...
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Hearing questionnaire 1 - To the patient's representative and to the responsible authority
Mental Health Tribunal forms including application and pre-hearing examination forms.... ... by the Responsible Authority as responsible for providing written evidence in the manner of statements or reports compliant with the Practice ... witnesses will attend in person or (if approved) by telephone or by video link ... Parties are reminded that they have a legal duty to ... ...
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Specimen Directions Template (Birmingham Mercantile Court)
Commercial Court forms including claims and application notices.... ... otherwise ordered, the witness statements shall stand as the evidence in chief of the witnesses at trial ... The evidence of [ ] shall be given by video link from [ *] to [ *] on [ * 20**] to be arranged by the party ... ...
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Specimen Directions Template (Leeds Mercantile Court)
Commercial Court forms including claims and application notices.... ... otherwise ordered, the witness statements shall stand as the evidence in chief of the witnesses at trial ... The evidence of [ ] shall be given by video link from [ *] to [ *] on [ * 2008] to be arranged by the party ... ...