R v Briggs (No 6)

The respondent, Briggs, was charged with an offence under the Customs Act 1901. The court was required to determine whether a police expert witness could give sworn evidence via a video link rather than in person. This was the sixth time the matter was before the court. The respondent had applied to cross-examine the witness in person. However, the witness was overseas and the respondent was unable to afford the cost of travelling overseas. The respondent argued that the change in circumstances justified allowing the witness to give evidence via a video link.
The court considered whether the change in circumstances was sufficient to warrant a departure from the previous direction that the witness give evidence in person. The court noted that there was no requirement in the Evidence Act 1995 for an expert witness to give evidence in person. The court considered that the witness's evidence was not of the kind that would benefit from being given in person. The court also considered that the witness's evidence was not critical to the case. The court concluded that the change in circumstances was sufficient to justify a departure from the previous direction. The respondent's application to cross-examine the witness via a video link was dismissed.

The court held that a change in circumstances can justify a departure from a previous direction that an expert witness give evidence in person. The court held that the change in circumstances must be significant and the court must be satisfied that the witness's evidence is not of the kind that would benefit from being given in person. The court held that the respondent's application to cross-examine the witness via a video link was dismissed because the change in circumstances was not sufficient to warrant a departure from the previous direction.