Tape/video recordings in evidence

Rules

In order to use video/tape recordings as evidence, the prosecution must prove that the tape or video recording is authentic or genuine. The prosecution must explain how and why the recording was made and who had control of the recording afterwards.

The defence may object on these grounds and it will then be a matter for the judge to decide whether or not to allow the recording to be put to the jury.

If the Gardaí decide not to use a recording (seized during the investigation) as evidence at the trial, the prosecution or Gardaí are under a duty to notify the defence of the existence of the recording. They are are also required to give advance notice of their intention to destroy it. The reason for this is that although the recording may not be of any use to the prosecution, the recording may assist the accused in proving that he/she was not at the scene of the crime.

While there is a duty on the Gardaí to collect video evidence, they do not have to go to extreme lengths to do so. For example, it would not be necessary for the Gardaí to collect every piece of video evidence on O’Connell Street in Dublin if there was a theft from a shop on the street.