84.This section modifies the 1995 Act to make provision regarding the use of body-worn video recordings in criminal proceedings. Subsection (2) inserts a new section after section 283 of the 1995 Act.
85.Inserted section 283A(1) provides that for the purposes of any criminal proceedings, where footage recorded on a body-worn video camera is produced in evidence by the prosecution, and any or all of the time, date and place of the events recorded are displayed on the recording produced, the recording is to be deemed sufficient evidence of the details that are displayed unless and to the extent that the details are disputed. On that basis, if it is displayed on the footage that the recording was taken at 10:00 on 30 June 2026, then this section would mean that the production of that footage in evidence by the prosecution would, if not disputed, be sufficient evidence of the date and time, and no further evidence would be required to be led in respect of those details.
86.Section 283A(2) qualifies this presumption, and provides that subsection (1) does not apply to a recording unless the prosecutor has disclosed the recording to the accused, and informed the accused in writing of the accused’s ability to serve a notice under subsection (3) and the period within which any notice must be served.
87.Section 283A(3) provides that if the accused serves notice on the prosecutor that the accused disputes the accuracy of the details of the time, date or place of the events recorded, or any part of those events, as displayed, then the evidentiary presumption under subsection (1) does not apply to those details. As such, if the accused disputes that the events recorded on the body-worn video recording took place at 10:00, as displayed on the footage, then the recording will not be deemed sufficient evidence of the time of the events recorded. However, the presumption that the date (30 June 2026) was correct would remain, as that would not have been disputed.
88.Section 283(4) provides that any notice under subsection (3) must be served by the accused within 7 days beginning with the date on which the prosecutor disclosed the recording to the accused and informed the accused in writing of the accused’s ability to serve notice and the time limit for doing so. If the accused was informed of their ability to serve notice on a different date to that on which the recording was disclosed to them, then the 7 days will begin from the later of those dates. Therefore, if the prosecutor discloses the evidence to the accused on 1 August, and on 5 August informs the accused that they have 7 days in which to serve notice under subsection (3), then the accused will have until 12 August to serve notice.
89.Section 283(5) provides that the body-worn video cameras covered by the provision are restricted to those issued to and worn by a constable (defined under section 307 of the 1995 Act as having the same meaning as in the Police and Fire Reform (Scotland) Act 2012 – i.e. a constable of Police Scotland), or a person appointed as a member of police staff under section 26(1) of the Police and Fire Reform (Scotland) Act 2012. The Scottish Ministers have the power to modify subsection (5) by regulations so as to add a person, vary the description of a person, or remove a person. Prior to making such regulations, the Scottish Ministers must consult the chief constable of the Police Service of Scotland, the Lord Advocate, and the Lord Justice General. These regulations are subject to the negative procedure.
Interpretation Part 1: Criminal Justice Modernisation Section 7 – Body-worn video evidence