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Book Index – Charge: Playing a VARE

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The evidence of the next witness, NOW, is going to be given in a slightly different manner from usual. First, you are going to see an audiovisual recording of him/her answering questions. That recording is considered to be part of his/her evidence. NOW will then confirm the truthfulness of that evidence and answer any additional questions the prosecution may have. Defence counsel will then have the opportunity to cross-examine NOW.

If alternative arrangements will be used for the evidence given during the proceeding, add the following shaded section:

When confirming the truthfulness of the recording, and being cross-examined, [describe alternative arrangements. E.g. "NOW will not be present in the courtroom. His/her evidence will be given from a different location, using closed-circuit television" or "A screen will be in place".]

These arrangements are made routinely in cases like this. As a matter of law, you must not draw any inference adverse to the accused from the fact that these arrangements have been made, and you must not give NOW’s evidence any greater or lesser weight because of the use of these arrangements. You must treat his/her evidence in exactly the same way that you treat the evidence of any other witness in these proceedings.


Last updated: 3 June 2011

See Also

2.3.3 – Pre-recorded Evidence – Charge: Replaying a VARE – Charge: Special Hearing Evidence