This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 12 September 2008, amend the Evidence Regulations 2007.
There are 2 areas of change as follows.
Application of rules about video records to interviews with prosecution witnesses
At present, the principal regulations apply only to the video recording of complainant evidence. With 1 exception (see below) the regulations are amended so that they apply to the video recording of the evidence of any witness if—
The exception is that regulations 21 to 24 (which relate to a responsible department requesting a video record of certain complainants for certain purposes) are not amended. These will continue to apply only to complainants.
Requirement to show taking of oath or making of affirmation on video record
Regulation 8 of the principal regulations sets out the matters that must be shown on a video record of an interview of a complainant if it is intended that the video record may be offered later as evidence in a criminal proceeding.
Currently, in the case of a complainant of or over 12 years of age, regulation 8(c) requires the video record to show the person taking an oath or making an affirmation. A new regulation 8(c) is substituted which—
refers to a witness rather than a complainant, in line with the change described above; and
requires that the video record show the witness making a promise to tell the truth.
Currently regulation 8(e) requires the video record to show any interpreter present taking an oath or making an affirmation. A new regulation 8(e) is substituted which requires that the video record show any interpreter present promising to accurately and completely translate the words of the witness.
Date of notification in Gazette: 11 September 2008.
These regulations are administered by the Ministry of Justice.