The sections were exceptions to the normal practice of giving evidence in the court room, for which in the case of live link an individual case had to be made each time. The court should strike a balance between the ‘right of the defendant to have a hearing in accordance with the norm’ and ‘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.’
Citations:
[2001] EWHC Admin 209, [2001] 1 WLR 2403
Links:
Statutes:
Criminal Justice Act 1988 32 32A
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.
Criminal Practice
Updated: 29 May 2022; Ref: scu.140296