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Northern Ireland Law Reports (Digests) Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1998
Date01 January 1998
CourtCourt of Criminal Appeal (Northern Ireland)
(C.A., N.I.)
R
and
N

- Live video link -Evidence-in-chief given by video recording -Cross-examination via live television link - Witness not sworn in prior to cross-examination - Status of unsworn evidence - Police and Criminal Evidence (Northern Ireland) Order, 1989 (S.I. No. 1341), art. 81A.

The defendant was charged on an indictment containing 13 counts of sexual offences against two children, J. and L. At the trial, J., who was then 21 years old, gave her evidence in the ordinary fashion, after having been duly sworn in. The evidence-in-chief of her younger sister, L., who was 17 at that the time of the trial, was given by means of a video-taped interview made when she was aged 16. L. was then cross-examined by counsel via a live television link, but she was not sworn in before the cross-examination took place. The defendant was convicted and he appealed. Before the appeal came on for hearing, the fact that L. had not been sworn in before she was cross-examined came to the attention of counsel. The issue on appeal related to the status of the unsworn evidence. Held - Under art. 81A of the Police and Criminal Evidence (Northern Ireland) Order, 1989, a video recording of an interview between an adult and a child witness might, with the leave of the court, be given in evidence in trials on indictment of certain offences, including sexual offences, subject to the conditions set out in the article. When that course was taken the child witness was not sworn in before the interview took place. However, when such a witness was cross-examined, the art...

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