Section 6
Video recording of a child witness
of Evidence of Child Witness Act 2007
Where a video recording of a child witness is given in evidence, such video recording shall be admitted as evidence of examination-in-chief of the child witness:
Provided that the contents of the video recording shall be subject to the Evidence Act 1950 [Act 56].
(2)
A video recording under subsection (1) shall not be admitted unless—
(a)
accompanied by a transcript of the original language used in the video recording; and
Evidence of Child Witness 9
(b)
accompanied by a translation of the transcript, if the language used in the video recording is other than the national language.
(3)
A certificate by a person who did the video recording pursuant to subsection (1) shall, until the contrary is proven, be admitted as a prima facie evidence of the authenticity of the content of the video recording.
(4)
Where a video recording is admitted under this section, the child witness shall be called to be further examined-in-chief by the party who tendered the video recording in evidence on any matter which, in the opinion of such party, has not been dealt with adequately in the child witnesses recorded testimony.
(5)
Notwithstanding any provision of this Act, where a child witness is called to be further examined-in-chief under subsection (4), he may give evidence by means of having a screen between him and the accused or child charged with any offence or by means of a live link.
(6)
Where a video recording is given in evidence under this section, any statement made by the child witness which is disclosed in the recording shall be treated as if given by that child witness in direct oral evidence.
(7)
In the case of a child witness who has been sworn, the Court shall admit the statement made by the child witness in the video recording as sworn evidence.
(8)
In the case of evidence of a child witness of tender years, the
Court, when considering the statement in the video recording as evidence shall assess and form an opinion as to whether the child witness possesses sufficient intelligence and understands the duty of speaking the truth, though not given upon oath.
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