Television Link for Witnesses outside the United Kingdom
Updated - 13/02/08
Principle
Section 32 (1)(a) Criminal Justice Act 1988
(Archbold 8-65)
Provides that if the court gives leave:
- A witness, other than the defendant, who is outside the United Kingdom may give evidence through a live television link within the courtroom.
Use of the TV links
TV links from abroad can be applied for in all:
- trials on indictment, appeals to the Criminal Division of the Court of Appeal and hearings of references under section 9 Criminal Appeal Act 1995, and
- to proceedings in youth courts and appeals to the Crown Court arising out of such proceedings and hearings of references under section 11 of the Criminal Appeal Act 1995 so arising.
Section 1 Perjury Act 1911
A statement made on oath by a witness:
- outside the United Kingdom; and
- given in evidence through a live television link.
will be treated as having been made in the proceedings in which it is given and section 1 of the Perjury Act 1911 will apply.
Guidance
Cost of TV link
The cost of using a live television link is high; therefore, if you are contemplating the use of a live television link, consider carefully:
(a) the inability or unwillingness of the particular witness to travel; and
(b) the relative cost; and
(c) the significance of the proposed evidence and
(d) any other way of having the evidence admitted.
Procedure
Criminal Procedure Rules governing live television links for witnesses outside the United Kingdom
(Archbold, 8-67)
CPR 30 provides that any party may apply to the Crown Court for leave for evidence to be given through a live television link by a witness outside the United Kingdom.
Form of Application and Time Limit
The application must be in writing in the form s within 28 days of the date of:
- the committal of the defendant; or
- a notice of transfer under section 4(1)(c) of the Criminal Justice Act 1987; or
- the preferring of a bill of indictment.
The application form (NFR/TVL 01) can be found on the Infonet under 'Admin - Forms - Legal and Parliamentary - Victims and Witnesses'.
Application to Extend Time Limit
An application to extend the time limit may be made by written application on the same form (before or after the expiry of 28 days) and accompanied by specific reasons in support of the extension.
Notice
The applicant must send notice of these applications to all parties. The court will notify its decision to all parties.
Receipt of Notice
Parties receiving notice of an application must:
- notify the court within 28 days of the date of notice whether an application is being opposed; and
- if it is, giving reasons for such opposition; and
- whether or not they wish to be represented at a hearing of the application.
Leave Granted
If leave is granted, the court will notify all parties of:
- the country in which the witness will give evidence;
- if known, the place where the witness will give evidence;
- where the witness is to give evidence on behalf of the prosecution, the name of the witness;
- the location of the Crown Court at which the trial should take place; and
- any conditions specified by the Crown Court relating to who should accompany the witness.
Defence Disclosure of Witness Details
In a defence application, the identity of the witness need not be disclosed on the form except to the extent required by:
- Section 11 of the Criminal Justice Act 1987 (alibi) (Archbold, 4-316); or
- Rules under Section 81 of the Police and Criminal Evidence Act 1984 (expert evidence) (Archbold 10-62)
Court Conditions
The court may impose a condition that the witness should give evidence in the presence of a specified person. This person can answer any questions put by the trial judge as to the circumstances in which evidence is given.
Appeals to the Court of Appeal against Conviction or Sentence
CPR 68.19 provides that a party to an appeal may when applying for leave to call a witness may also apply for leave for the evidence to be given through a live television link where the witness is outside the United Kingdom. (Archbold, 7-217).
The application must be made in writing at the same time as the application for leave to call the witness or at any time thereafter, but no less than 14 days before the date fixed for the hearing of the appeal.
Applications will be determined without a hearing unless the court otherwise directs. The parties will be notified of the decision of the court by the Registrar.
Further information on Transfer Proceedings see can be found on the Infonet under Home - Legal Guidance - Sending Indictable only cases to the Crown Court and Committal Proceedings.
Further information on Perjury can be found on the Infonet under Home - Legal Guidance -- Offences against Public Justice.