Video Evidence in UK Law

Leading Cases
  • Rall v Hume
    • Court of Appeal (Civil Division)
    • 08 February 2001

    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
    • Supreme Court
    • 14 June 2017

    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
    • Queen's Bench Division (Administrative Court)
    • 21 February 2001

    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
    • House of Lords
    • 10 February 2005

  • R (DPP) v Redbridge Youth Court
    • Queen's Bench Division (Administrative Court)
    • 22 March 2001

    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
    • Court of Appeal (Civil Division)
    • 11 November 2003

    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)
    • Court of Appeal (Criminal Division)
    • 20 April 2010

    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.

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Legislation
  • Coronavirus Act 2020
    • UK Non-devolved
    • Wednesday January 01, 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
    • UK Non-devolved
    • Thursday January 01, 2015
  • Youth Justice and Criminal Evidence Act 1999
    • UK Non-devolved
    • Friday January 01, 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
    • UK Non-devolved
    • Friday January 01, 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; ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Case management information sheet
    • HM Courts & Tribunals Service court and tribunal forms
    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)
    • HM Land Registry Forms
    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
    • HM Courts & Tribunals Service court and tribunal forms
    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)
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
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