Commentary on Sections Part 11 - Evidence Chapter 3 : Miscellaneous and Supplemental Section 137: Evidence by video recording
438.This section permits a video recording of an interview with a witness (other than the defendant), or a part of such a recording, to be admitted as evidence in chief of the witness in a wider range of circumstances than is presently the case. Subsection (1) provides that the court can authorise such a video recording to replace the evidence-in-chief of a witness provided that:
	the person claims to be an witness to the offence (or part of it) or to events closely connected to the offence;
	the video recording of the statement was made at a time when events were fresh in the witness’s memory; and
	the alleged offence can only be tried in the Crown Court or is an either-way offence prescribed by Order of the Secretary of State.
439.If the recording satisfies these requirements, the court may admit the recording provided that:
	the witness's recollection of events is likely to be significantly better at the time he gave the recorded account than by the time of the trial; and
	it is in the interests of justice to admit the recording, having regard to whether the recording is an early and reliable account from the witness, whether the quality is adequate, and any views which the witness may have about using the recording for this purpose.
440.Under subsection (2) evidence given by a video recording shall be treated as if it was given orally in court in the usual way, providing the witness asserts the truth of it.