Non-Live Evidence
Deposition
In a criminal case, after the accused has been sent forward for trial, either party may apply that a witness give his evidence in advance before the District Court in the presence of the accused. The District Court which the witness must attend may secure attendance by a summons by subpoena. Evidence may be given by a live link or by sworn deposition. The witness may be cross-examined and re-examined. The full examination must be recorded and signed by the witness.
A deposition may be tendered as evidence at the trial or in a pre-trial application to dismiss charges, but only where the witness is dead or unable to attend the trial or is prevented from attending the trial, by fear or intimidation. This is subject always, to the interests of justice.
Live Link (Criminal Cases)
Evidence by video link is permissible in a number of circumstances with the consent of the court. Evidence given by live link must be recorded. In the case of a live link, the judge and counsel may not wear wigs and gowns.
Evidence by live link was first permitted in cases involving alleged sexual abuse or violence against children. It is now permitted in the case of witnesses under 17 years of age, adults with mental disabilities and any witness with the leave of court,  in relation to sexual offences and crimes involving violence, or the threat of violence, to a person. This includes attempts, conspiracies to commit, aid, counsel or procure of incite sexual or other violent offences.
There is a general power to accept the evidence of witnesses, other than the accused who is outside the State on a live link, with the consent of the court in criminal proceedings.
The Children’s Act allows evidence by TV link in civil proceedings relating to the child’s welfare. In the case of any criminal proceedings for an indictable offence, a witness may be permitted by the court to give testimony via a live link, when he is likely to be in fear or subject to intimidation in giving evidence otherwise.
Child Witnesses (Criminal Cases) I
The legislation allows interviews from complainants under 14 years to be admissible. An application may be made that a child complainant give evidence in advance by deposition,  videotape or live like. Where the court is satisfied on evidence submitted by a registered doctor, that attendance would involve serious danger to the safety, health, well being of the child, it may grant the application.
The evidence must be given in the presence of the accused and the witness must be available for cross-examination. The evidence must be recorded and signed.
Where the witness is under 17, his giving evidence by a live link, the court may having regard to the age or mental condition of the witness and the interests of justice, permit questions to be put through an intermediary appointed by the court. Counsels with questions may be restated or rephrased, having regard to the age and mental condition of the witness.
The Supreme Court has upheld the constitutionality of the above provision. There is no right to confront a witness, or at least all witnesses, face to face under the Constitution. A right of cross examination is allowed.
Child Witnesses (Criminal Cases) II
The children’s legislation permits evidence of children to be pre-recorded and given in place of testimony at trial. Recorded interviews of a complainant under 14 and member of Garda Siochana is admissible, provided this is subject to the ordinary rules of relevance and admissibility and the complainant is available for cross-examination. The provision is applicable only to indictable offences.
A child witness may be cross examined by television link, and he may use an intermediary. The recording may be edited with the  consent of the accused and leave of the court. The court may deny the admissibility of the recording in the interest of justice, having regard to the risk that its admission would result in unfairness to the accused.
Notice
Notice must be given of the intention to use  the videotape interview. The accused must be given a reasonable opportunity to view the recording. The requirement applies only to evidence to be used at trial. It is likely that any inconsistent interviews, which tend to assist the accused’s case have to be disclosed under general principles. The duty  applies not only to witnesses, but to persons no longer intended to be called as witnesses. The accused may then summons the person concerned as a witness.
In deciding whether to admit a live link or a recording of evidence received in the event of a trial, to admit an interview, the trial judge must consider whether it is in the interest of justice to do so. Even subject to the above conditions, the judge retains a broad discretion to exclude evidence or ensure that it is only admissible where it is consistent with the interest of justice and the constitutional requirements of fairness and due process.