Section 236D
Rules of court for sections 236B and 236C
The Chief Justice may make rules of court for the purposes of sections 236B and 236C.
Cross-examination of alleged child victim 2363.
Notwithstanding any provision of this Code or of any other written law, no person who is charged with an offence to which section 236B(2) applies shall in person cross-examine any witness who -
(a)
is alleged -
(i)
to be the person against whom the offence was committed; or
(ii)
to have witnessed the commission of the offence;
and
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Criminal Procedure Code
(b)
is under 14 years of age; or
(ii)
is to be cross-examined following the admission under section 236C of a video recording of evidence from him.
Chapter XYIIIA
Recording of proceedings by mechanical means
Application of this Chapter 236F. Notwithstanding the provisions contained in this Code or provisions of any other written law, dealing with the mode of taking and recording of evidence, any mechanical means may be employed for the recording of any proceedings before the Court, and where mechanical means are employed, the provisions of this Chapter apply.
Interpretation of this Chapter 236G
In this Chapter -
"electronic record"
means any digitally, electronically, magnetically or mechanically produced records stored in any equipment, device, apparatus or medium or any other form of storage such as disc, tape, film, sound track, and includes a replication of such recording to a separate storage equipment, device, apparatus or medium or any other form of storage;
"mechanical means" includes any equipment, device, apparatus or medium operated digitally, electronically, magnetically or mechanically;
"proceedings" includes any inquiry, trial, appeal, reference or revision, or any part of it, any application, judgment, decision, ruling, direction, address, submission and any other matter done or said by or before a Court, including matters relating to procedure.
Proceedings may be recorded by mechanical means or combination of mechanical means and other modes 236H. (1) A Judge or Magistrate shall have the discretion to direct that any proceedings before any Court be recorded, in whole or in part, by any mechanical means or a combination of any mechanical means.
Criminal Procedure Code
CAP.7 139
(2)
Where any Judge or Magistrate directs that any proceedings be recorded by any mechanical means, the Judge or Magistrate shall satisfy himself as to the efficiency and functional capability of such mechanical means and that the mechanical means used for recording is in good working order for the purpose of ensuring that the electronic record of such proceedings is clear and accurate.
(3)
Notwithstanding that any proceedings are being recorded by
-
any mechanical means, a ~ u d ~ e or ~ a ~ i s t r a t e may
(a)
employ any other mode of taking and recording of evidence; and
-
(b)
at any time, direct that such recording be discontinued and that the recording of such proceedings be continued by any other mechanical means or any other mode of taking and recording of evidence.
(4)
Where a Judge or Magistrate makes a ruling that any evidence adduced is inadmissible or irrelevant and shall not form part of the record of proceedings, he may direct that the electronic record of that evidence be erased or otherwise omitted from the record of proceedings.
Electronic record to be transcribed