Evidence from other parts of the United Kingdom

273ATelevision link evidence from other parts of the United Kingdom

1

In any criminal proceedings in the High Court or the sheriff court a person other than the accused may give evidence through a live television link if—

a

the witness is within the United Kingdom but outside Scotland,

b

an application under this section for the issue of a letter of request has been granted, and

c

the court is satisfied as to the arrangements for the giving of evidence in that manner by that witness.

2

The prosecutor or the defence in any proceedings referred to in subsection (1) may apply for the issue of a letter of request.

3

The application must be made to a judge of the court in which the trial is to take place or, if that court is not yet known, to a judge of the High Court.

4

The judge may, on an application under this section, issue a letter to a court or tribunal exercising jurisdiction in the place where the witness is ordinarily resident requesting assistance in facilitating the giving of evidence by that witness through a live television link, if the judge is satisfied of the matters set out in subsection (5).

5

Those matters are—

a

that the evidence which it is averred the witness is able to give is necessary for the proper adjudication of the trial,

b

that the granting of the application—

i

is in the interests of justice, and

ii

in the case of an application by the prosecutor, is not unfair to the accused.