Q&As

Can a witness give evidence about what they have seen on CCTV?

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Published on LexisPSL on 09/06/2021

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Can a witness give evidence about what they have seen on CCTV?

Can a witness give evidence about what they have seen on CCTV?

PACE Code D allows for the showing of films such as CCTV or photographs of incidents in court for purposes of recognition and tracing of suspects.

The leading case on the admissibility of witness evidence identifying a suspect by way of recognition from a video recording is Attorney General's Reference (No 2 of 2002). The Court of Appeal held that there were at least four circumstances in which such evidence may be admissible (subject to the discretion of the trial judge to exclude it):

  1. where the image was sufficiently clear for the jury to be able to compare it with the defendant in the dock

  2. if the witness who had recognised the defendant had known him sufficiently well, he or she could give evidence even if the video footage was no longer available

  3. where a

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