Video Link Evidence in UK Law

Leading Cases
  • Polanski v The Conde Nast Publications Ltd
    • House of Lords
    • 10 February 2005

  • 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 (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.

  • R (D and Others) v Manchester City Council and Others
    • Queen's Bench Division (Administrative Court)
    • 17 December 2009

    I have to say as a general observation that it does not seem to me that these fact- finding hearings can ordinarily take place without some involvement of the claimant and engagement of the claimant with the court. In most, if not all, cases there is some issue as to the credibility of the claimant and the account that he or she gives as to his or her earlier history.

  • 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.

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Legislation
  • Coronavirus Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... 90) ... Courts and tribunals: use of video and audio technology ... 53: Expansion of ... to registration) ;(c) Article 11(1) (evidence of qualification required for registration) ;(d) ... Use of live link in sentencing hearings ... (F974) ... ...
  • Coronavirus (Scotland) Act 2020
    • Scotland
    • January 01, 2020
    ... ... PART 5: Evidence ... Exceptions to the rule that hearsay evidence ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... TO ASSIST A WITNESS OR DEFENDANT TO GIVE EVIDENCE ... ...
  • Immigration and Asylum Appeals (Procedure) Rules 2003
    • UK Non-devolved
    • January 01, 2003
    ... ... to the notice of appeal any written evidence upon which he relies in support of those reasons ... evidence given or representations made by video link or by other electronic means; and ... (i) ... ...
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Books & Journal Articles
  • Using Video Link to Take Forensic Evidence—Lessons from an Australian Case Study
    • No. 17-3, July 2013
    • International Journal of Evidence & Proof, The
    • 0000
    This article examines the use of audio-visual communications technology (specifically, video link) to enable courts to receive forensic evidence in criminal cases. It outlines the legislative power...
  • Taking Child Witnesses Out of the Crown Court: A Live Link Initiative
    • No. 13-2, May 2006
    • International Review of Victimology
    • 0000
    This article describes an innovative project in England whereby child witnesses gave evidence via a video link from a building away from the court complex. The research indicates that this was seen...
    ... ... an innovative project in England whereby child witnesses gave evidence via a video link from a building away from the court complex. The research ... ...
  • A ‘Special’ Delivery? Exploring the Impact of Screens, Live-Links and Video-Recorded Evidence on Mock Juror Deliberation in Rape Trials
    • No. 23-1, March 2014
    • Social & Legal Studies
    • 0000
    This article discusses the findings of a study in which 160 volunteer members of the public observed one of four mini rape trial reconstructions and were asked to deliberate as a group towards a ve...
    ... ... complainants b y the YouthJustice andCriminal Evidence Act 1999, namely (1) live-links; (2) video-recorded evidence-in-chieffollowed by live-link cross-examination and (3) protective screens. Followinga careful andcontextual exploration of the content of the mock juries deliberations, the ... ...
  • Voice UK: promoting justice for vulnerable victims of crime
    • No. 9-3, August 2007
    • The Journal of Adult Protection
    • 47-48
    ... ... in thecourt room to enable her to give evidence. A screen meant shedid not have to look at the ... measures includedgiving evidence via a live video link, andvideo recorded evidence. These ... ...
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Law Firm Commentaries
  • Remote Evidence in English Courts: Some Timely Reminders
    • JD Supra United Kingdom
    Parties seeking to rely on video-link evidence should plan ahead and, where necessary, obtain local and foreign court approval. The COVID-19 pandemic has (albeit by necessity) ushered in a move...
    ...Parties seeking to rely on video-link evidence should plan ahead and, where necessary, obtain local and ... ...
  • The perils of giving video evidence
    • JD Supra United Kingdom
    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...
    ...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 ... One of the many ways that litigation has been ... ...
  • 'SEA WELLINGTON' – Anti-Suit Injunction Is Successfully Upheld In The English Court
    • Mondaq UK
    ... ... that it would be prejudiced in adducing evidence because of anticipated difficulties in obtaining ... proceedings in London, and in using video-link evidence ... The Defendant in the ... ...
  • Difficulties for witnesses or strong connection with another jurisdiction not grounds for resisting arbitration agreement
    • JD Supra United Kingdom
    In circumstances where the parties have already chosen arbitration as a means of settling disputes, the English courts will give short shrift to arguments focused on practical difficulties in provi...
    ... ... difficulties in providing witness evidence or on a strong connection between the claim and ... UK visas in the past and their evidence via video-link would be given less weight by the tribunal; ... ...
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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 ... wish any witness to give oral evidence by video link? Please give his or her name, or explain why ... ...
  • 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.
    ... ... as responsible for providing written evidence in the manner of statements or reports compliant ... person or (if approved) by telephone or by video link ... Parties are reminded that they have ... ...
  • Specimen Directions Template (Leeds Mercantile Court)
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... 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 ... ...
  • Specimen Directions Template (Cardiff Mercantile Court)
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... 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 ... ...
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