The court arranged a live link transmission where both counsel were in the room with the witness while the judge and accused remained in the courtroom.
Held: The application was declared inadmissible. The Convention does not guarantee the accused a right to be in the same room as the witness giving evidence. What matters is that the defence should have a proper opportunity to challenge and question the witnesses against the accused. These requirements can be satisfied even where, for good reason, the accused is not physically present at the questioning.
Citations:
Unreported, 19 October 1996, 25206/94
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Cited by:
Cited – D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court HL 27-Jan-2005
The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link.
Held: The purpose of the section was to improve the quality of the evidence . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Criminal Practice
Updated: 09 May 2022; Ref: scu.222105