V is competent and can be compelled to testify if required: s9 etc SAEA; s12 CEA.
For Crown or defence to ask V to testify about what is shown on the tape looks like it runs contrary to the HC decision in Smith. Her opinion is either irrelevant or outside ss 78 and 79 CEA. It is also arguably an abuse of XXE (oppressive) for the Defence to put such matters to V. At common law the decision must be the same – her opinion is a non-expert opinion which can be of no assistance to the jury which can interpret the video for itself.
