Video recording of statements of child victims

Rules

There are a number of rules regarding the admissibility of this video recording of statements.

• The video recording must be relevant.
• The child witness must be available for cross-examination by the defence at the trial following the playing of the tape (although cross-examination may be via television link and using an intermediary).
• The prosecution must serve notice of its intention to admit a videotaped interview in evidence and must give the accused a reasonable opportunity to view the videotape.
• An edited version of the videotape may be played to the court but only if the accused consents and the judge allows it.

Ultimately, it is at the discretion of the trial judge whether to allow a videotape to be admitted in evidence. The judge has to consider whether there is any risk that the admission of the videotape will result in unfairness to the accused.

The statements of victims under 14 years of age can be made during an interview with a member of the Garda Síochána or other competent person.

What does a competent person mean?

There is no definition of the term competent person in the Criminal Evidence Act 1992. It is fair, however, to assume that it provides for situations where videos of interviews at assessment units are made. The competent person in such a situation would be the professional person who assesses the young person as a result of an abuse case which is being investigated.

Are people with a intellectual disability included in this law?

Yes. All the provisions which relate to the video-recording of statements made by victims under 14 years of age and the admissibility of such videotapes in a court also apply to any victim with an intellectual disability. (Note, intellectual disability is referred to as a mental handicap under the Criminal Evidence Act 1992).