Video Evidence in UK Law

Leading Cases
  • Rall v Hume
    • Court of Appeal (Civil Division)
    • 08 Fev 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 Jun 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 Fev 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 Fev 2005

    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.

  • Jones v University of Warwick
    • Court of Appeal (Civil Division)
    • 04 Fev 2003

    The court must try to give effect to what are here the two conflicting public interests. The weight to be attached to each will vary according to the circumstances. The significance of the evidence will differ as will the gravity of the breach of Article 8, according to the facts of the particular case. This is not a case where the conduct of the defendant's insurers is so outrageous that the defence should be struck out.

  • R v Rawlings ; R v Broadbent
    • Court of Appeal (Criminal Division)
    • 14 Out 1994

    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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Legislation
  • Coronavirus Act 2020
    • UK Non-devolved
    • 01 de Janeiro de 2020
    ...... (i) section 63F of the Police and Criminal Evidence Act 1984 (retention of section 63D material); . (ii) paragraph 20B or 20C ...Courts and tribunals: use of video and audio technology Courts and tribunals: use of video and audio ......
  • Youth Justice and Criminal Evidence Act 1999
    • UK Non-devolved
    • 01 de Janeiro de 1999
    ......(kidnapping, assaults etc.); 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 ......
  • Criminal Procedure and Investigations Act 1996
    • UK Non-devolved
    • 01 de Janeiro de 1996
    ......and. . . (b) copies of the documents containing the evidence,. . . have been given to the accused under regulations made under ...Evidence: special provisions. . S-62 . Television links and video recordings. 62 Television links and video recordings. . (1) In section ......
  • Video Recordings Act 1984
    • UK Non-devolved
    • 01 de Janeiro de 1984
    ......   . ( a . ) that an offence under this Act has been or is being. committed on any premises, and. .   . ( b . ) that evidence that the offence has been or is being. committed is on those premises,. . . he may issue a warrant under his hand authorising any constable. to ......
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Books & Journal Articles
  • YouTube science channel video presenters and comments: female friendly or vestiges of sexism?
    • Núm. 70-1, January 2018
    • Aslib Journal of Information Management
    • 28-46
    Purpose: The purpose of this paper is to analyse popular YouTube science video channels for evidence of attractiveness to a female audience. Design/methodology/approach: The influence of presenter...
    ...... of Wolverhampton, Wolverhampton, UK Abstract Purpose – The purpose of this paper is to analyse popular YouTube science video channels for evidence of attractiveness to a female audience. Design/methodology/approach – The influence of presenter gender and commenter sentiment towards males and ......
  • Two sides to the same coin: relational and physical aggression in the media
    • Núm. 4-4, September 2012
    • Journal of Aggression, Conflict and Peace Research
    • 186-201
    Purpose: This review aims to examine how aggression is portrayed in the media and how it can influence behavior and attitudes regarding aggression. Design/methodology/approach: The authors reviewe...
    ...... forms of aggression in multiple media forms (television, film,video games, music, books). Findings – Across media types, evidence is found ......
  • Low-barrier-to-entry data tools: creating and sharing humanities data
    • Núm. 34-2, June 2016
    • Library Hi Tech
    • 268-285
    Purpose: – The purpose of this paper is to determine whether TAMS Analyzer and Viewshare are viable free and open source software data sharing and creation tools for those with limited funding and ...
    ...... participant obse rver method was used to coll ect experiential evidence whileapplying the tools to a collectionof text-, image-, and video-based ......
  • Levels of Playing Field
    • Núm. 3-1, February 1995
    • Journal of Financial Crime
    • 91-92
    The effectiveness of an investigation into any criminal offence is obviously vital because it determines the quality of the evidence available for the prosecution at trial. The way in which the inv...
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Law Firm Commentaries
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