The Criminal Evidence (Northern Ireland) Order 1999 (Commencement No. 11) Order 2017

Made: 11th January 2017

The Department of Justice, in exercise of the powers conferred by Article 1(2) of the Criminal Evidence (Northern Ireland) Order 1999[^f00001], makes the following Order:

Citation

1

This Order may be cited as the Criminal Evidence (Northern Ireland) Order 1999 (Commencement No. 11) Order 2017.

Appointed day

2

3rd April 2017 is the day appointed for the coming into operation of the following provisions of the Criminal Evidence (Northern Ireland) Order 1999—

• (a) Article 16, in so far as it relates to proceedings in the Crown Court and committal proceedings in the magistrates’ court in relation to an offence which is alleged to have occurred in the local government district of Belfast.

• (b) Article 17, in so far as it relates to proceedings in the magistrates’ court, to the extent that it has not already been commenced.

Signed

Sealed with the Official Seal of the Department of Justice on 11th January 2017.

Claire Sugden — Minister of Justice

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings Article 16 of the Criminal Evidence (Northern Ireland) Order 1999 (N.I. 8) (“the 1999 Order”) into operation on 3rd April 2017. Article 16 relates to the cross-examination and re-examination of a witness ahead of trial. The provisions are commenced in so far as they relate to proceedings in the Crown Court and committal proceedings in the magistrates’ court where an offence is alleged to have occurred in the local government district of Belfast. These provisions would cover both vulnerable or intimidated witnesses under the 1999 Order.

The Order also brings Article 17 of the 1999 Order into operation on 1st April 2017, in so far as it relates to magistrates’ court proceedings. Article 17 relates to the examination of a witness through an intermediary. This provision has already been commenced in so far as it relates to all Crown Court proceedings and committal proceedings in the magistrates’ court, in relation to an offence which is triable on indictment; is triable either summarily or on indictment; or is triable summarily and the accused can claim trial by jury. This Order will ensure that the provisions apply to all offences, wherever committed, including those that are only triable summarily.

Footnotes

[^f00001]: S.I 1999/2789 (N.I. 8).