(1) This section applies where—
(a) a person is called as a witness in proceedings for an offence triable only on indictment, or for a prescribed offence triable either way;
(b) the person claims to have witnessed (whether visually or in any other way)—
(i) events alleged by the prosecution to include conduct constituting the offence or part of the offence, or
(ii) events closely connected with such events;
(c) he or she has previously given an account of the events in question (whether in response to questions asked or otherwise);
(d) the account mentioned in paragraph (c) was given at a time when those events were fresh in the person's memory (or would have been, assuming the truth of the claim mentioned in paragraph (b));
(e) a video recording was made of the account mentioned in paragraph (c);
(f) the court has made a direction that the recording should be admitted as evidence in chief of the witness, and the direction has not been rescinded; and
(g) the recording is played in the proceedings in accordance with the direction referred to in paragraph (f).
(2) If, or to the extent that, the witness in his or her oral evidence in the proceedings asserts the truth of the statements made by him or her in the recorded account, they shall be treated as if made by him or her in that evidence.
(3) A direction under subsection (1)(f)—
(a) may not be made in relation to a recorded account given by the defendant;
(b) may be made only if it appears to the court that—
(i) the witness's recollection of the events in question is likely to have been significantly better when he or she gave the recorded account than it will be when he or she gives oral evidence in the proceedings; and
(ii) it is in the interests of justice for the recording to be admitted, having regard in particular to the matters mentioned in subsection (4).
(4) The matters referred to in subsection 3(b)(ii) are—
(a) the interval between the time of the events in question and the time when the recorded account was made;
(b) any other factors that might affect the reliability of what the witness said in that account;
(c) the quantity of the recording;
(d) any views of the witness as to whether his or her evidence in chief should be given orally or by means of the recording.
(5) For the purposes of subsection (2) it does not matter if the statements in the recorded account were not made on oath.
(Inserted by Act 14 of 2011)