Video Evidence in UK Law
-
Rall v Hume
“
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.
-
Kiarie v Secretary of State for the Home Department
“
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.
-
R v Feltham Magistrates Court, ex parte Ebrahim ; Mouat v DPP
“
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.
-
Polanski v The Conde Nast Publications Ltd
“
-
R (DPP) v Redbridge Youth Court
“
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.
-
Polanski v The Conde Nast Publications Ltd
“
He further stated that in his experience "there is in most cases very little, if any, actual disadvantage or prejudice to either side when [VCF evidence is given by vulnerable witnesses in criminal cases]" and that "the process of cross-examination takes place as naturally and freely as when a witness is present in the court room".
-
R v Barker (Steven)
“
There will naturally and inevitably be case specific occasions when undue delay may render a trial unfair, and may lead to the exclusion of the evidence of the child on competency grounds. Making all allowances for these considerations, we are satisfied, as the judge was, that this particular child continued to satisfy the competency requirement.
-
Coronavirus Act 2020
... ... Courts and tribunals: use of video and audio technology ... F50 53: Expansion of availability of live links ... Article 11(1) (evidence of qualification required for registration); ... ...
- The Criminal Procedure Rules 2015
-
Youth Justice and Criminal Evidence Act 1999
... ... (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 ... ...
-
The Family Procedure Rules 2010
... ... controlling the use of expert evidence; ... the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court; ... ...
-
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...
-
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...
-
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...
-
Re-viewing Video Evidence and Police Violence in the Criminal Courts in Turkey
This article offers an analysis of audiovisual evidence claims in the struggle for identifying and documenting police violence in Turkish criminal courts. Focusing on a fatal police shooting in an ...
-
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)
-
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 ... ...
-
Certificate to be given by a conveyancer where a person's identity has been verified by way of an online video call (ID5)
Application form ID5 to be completed with form ID1 or form ID2 where a conveyancer is verifying a person's identity by way of a video meeting.... ... I certify that I met with the above person by way of a video call and I was provided with evidence ... of their identity. I also certify that I took a colour screenshot of the person whose identity I verified ... during the video call ... I ... ...
-
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 ... ...
-
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 ... ...