Youth Justice and Criminal Evidence Act 1999

[^key-8989f77e07f13292f2c3ba416ae01616]: S. 49 applied (27.11.2024 until the end of the specified period on 24.11.2026 for E.W. in relation to specified areas, 5.3.2025 until the end of the specified period on 26.11.2025 in relation to the specified area, 11.3.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas, 28.4.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas) by Domestic Abuse Act 2021 (c. 17), ss. 49(4), 90(6); S.I. 2024/1191, regs. 1(2)(g), 2, 3(1) (with reg. 4); S.I. 2025/261, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/319, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/515, regs. 1(3)(e)(f), 2 (with reg. 3) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 2, 3, 4 and (25.3.2026) by S.I. 2026/342, regs. 1(2), 2, 3, 4)

[^key-0e4730e4f3f6ceca46a514097bcb62df]: S. 51 applied (27.11.2024 until the end of the specified period on 24.11.2026 for E.W. in relation to specified areas, 5.3.2025 until the end of the specified period on 26.11.2025 in relation to the specified area, 11.3.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas, 28.4.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas) by Domestic Abuse Act 2021 (c. 17), ss. 49(4), 90(6); S.I. 2024/1191, regs. 1(2)(g), 2, 3(1) (with reg. 4); S.I. 2025/261, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/319, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/515, regs. 1(3)(e)(f), 2 (with reg. 3) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 2, 3, 4 and (25.3.2026) by S.I. 2026/342, regs. 1(2), 2, 3, 4)

[^key-260d7dd282e90f5f1bf5271d5f17ea7d]: Pt. 2 Ch. 1 applied (with modifications) (27.11.2024 until the end of the specified period on 24.11.2026 for E.W. in relation to specified areas, 5.3.2025 until the end of the specified period on 26.11.2025 in relation to the specified area, 11.3.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas, 28.4.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas) by Domestic Abuse Act 2021 (c. 17), s. 49(1)-(3), 90(6); S.I. 2024/1191, regs. 1(2)(g), 2, 3(1) (with reg. 4); S.I. 2025/261, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/319, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/515, regs. 1(3)(e)(f), 2 (with reg. 3) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 2, 3, 4 and (25.3.2026) by S.I. 2026/342, regs. 1(2), 2, 3, 4)

Interpretation and application of section 41.

Competence of witnesses to give evidence.

Penalty for giving false unsworn evidence.

Inferences from silence not permissible where no prior access to legal advice.

Regulations and orders.

Section 4(7)(d) except for the “or” at the end.

Section 4(7)(d) except for the “or” at the end.

Section 4(7)(d) except for the “or” at the end.

In Article 1(2), the words from “and Articles 6 and 8” onwards.

Regulations and orders.

Sections 2 to 5.

Section 4(7)(d) except for the “or” at the end.

Chapter 1A — Use of live link for evidence of certain accused persons : service courts

33A

• (1) This section applies to proceedings in a service court against a person for an offence, if and so far as provided by an order under section 61(1).

• (2) The court may, on the application of the accused, give a live link direction if it is satisfied—

• (a) that the conditions in subsection (4) or, as the case may be, subsection (5) are met in relation to the accused, and

• (b) that it is in the interests of justice for the accused to give evidence through a live link.

• (3) A live link direction is a direction that any oral evidence to be given before the court by the accused is to be given through a live link.

• (4) Where the accused is aged under 18 when the application is made, the conditions are that—

• (a) his ability to participate effectively in the proceedings as a witness giving oral evidence in court is compromised by his level of intellectual ability or social functioning, and

• (b) use of a live link would enable him to participate more effectively in the proceedings as a witness (whether by improving the quality of his evidence or otherwise).

• (5) Where the accused has attained the age of 18 at that time, the conditions are that—

• (a) he suffers from a mental disorder (within the meaning of the Mental Health Act 1983) or otherwise has a significant impairment of intelligence and social function,

• (b) he is for that reason unable to participate effectively in the proceedings as a witness giving oral evidence in court, and

• (c) use of a live link would enable him to participate more effectively in the proceedings as a witness (whether by improving the quality of his evidence or otherwise).

• (6) While a live link direction has effect the accused may not give oral evidence before the court in the proceedings otherwise than through a live link.

• (7) The court may discharge a live link direction at any time before or during any hearing to which it applies if it appears to the court to be in the interests of justice to do so (but this does not affect the power to give a further live link direction in relation to the accused).

The court may exercise this power of its own motion or on an application by a party.

• (8) The court must state in open court its reasons for—

• (a) giving or discharging a live link direction, or

• (b) refusing an application for or for the discharge of a live link direction,

and, if it is a magistrates' court, it must cause those reasons to be entered in the register of its proceedings.

33B

• (1) In section 33A “live link” means an arrangement by which the accused, while absent from the place where the proceedings are being held, is able—

• (a) to see and hear a person there, and

• (b) to be seen and heard by the persons mentioned in subsection (2),

and for this purpose any impairment of eyesight or hearing is to be disregarded.

• (2) The persons are—

• (a) the judge or justices (or both) and the jury (if there is one),

• (b) where there are two or more accused in the proceedings, each of the other accused,

• (c) legal representatives acting in the proceedings, and

• (d) any interpreter or other person appointed by the court to assist the accused.

33C

Nothing in this Chapter affects—

• (a) any power of a court to make an order, give directions or give leave of any description in relation to any witness (including an accused), or

• (b) the operation of any rule of law relating to evidence in criminal proceedings.

Special provisions relating to sexual offences

22A

• (1) This section applies where in criminal proceedings relating to a sexual offence (or to a sexual offence and other offences) the complainant in respect of that offence is a witness in the proceedings.

• (2) This section does not apply if the place of trial is a magistrates' court.

• (3) This section does not apply if the complainant is an eligible witness by reason of section 16(1)(a) (whether or not the complainant is an eligible witness by reason of any other provision of section 16 or 17).

• (4) If a party to the proceedings makes an application under section 19(1)(a) for a special measures direction in relation to the complainant, the party may request that the direction provide for any relevant recording to be admitted under section 27 (video recorded evidence in chief).

• (5) Subsection (6) applies if—

• (a) a party to the proceedings makes a request under subsection (4) with respect to the complainant, and

• (b) the court determines for the purposes of section 19(2) that the complainant is eligible for assistance by virtue of section 16(1)(b) or 17.

• (6) The court must—

• (a) first have regard to subsections (7) to (9); and

• (b) then have regard to section 19(2);

and for the purposes of section 19(2), as it then applies to the complainant, any special measure required to be applied in relation to the complainant by virtue of this section is to be treated as if it were a measure determined by the court, pursuant to section 19(2)(a) and (b)(i), to be one that (whether on its own or with any other special measures) would be likely to maximise, so far as practicable, the quality of the complainant's evidence.

• (7) The court must give a special measures direction in relation to the complainant that provides for any relevant recording to be admitted under section 27.

• (8) The requirement in subsection (7) has effect subject to section 27(2).

• (9) The requirement in subsection (7) does not apply to the extent that the court is satisfied that compliance with it would not be likely to maximise the quality of the complainant's evidence so far as practicable (whether because the application to that evidence of one or more other special measures available in relation to the complainant would have that result or for any other reason).

• (10) In this section “relevant recording”, in relation to a complainant, is a video recording of an interview of the complainant made with a view to its admission as the evidence in chief of the complainant.

Interpretation etc. of Chapter I.

Child complainants and other child witnesses.

Interpretation and application of section 41.

Determining competence of witnesses.

Penalty for giving false unsworn evidence.

SCHEDULE 1A

Murder and manslaughter

1

Murder in a case where it is alleged that a firearm or knife was used to cause the death in question.

2

Manslaughter in a case where it is alleged that a firearm or knife was used to cause the death in question.

3

Murder or manslaughter in a case (other than a case falling within paragraph 1 or 2) where it is alleged that—

• (a) the accused was carrying a firearm or knife at any time during the commission of the offence, and

• (b) a person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.

Offences against the Person Act 1861 (c. 100)

4

An offence under section 18 of the Offences against the Person Act 1861 (wounding with intent to cause grievous bodily harm etc) in a case where it is alleged that a firearm or knife was used to cause the wound or harm in question.

5

An offence under section 20 of that Act (malicious wounding) in a case where it is alleged that a firearm or knife was used to cause the wound or inflict the harm in question.

6

An offence under section 38 of that Act (assault with intent to resist arrest) in a case where it is alleged that a firearm or knife was used to carry out the assault in question.

7

An offence under section 47 of the Offences against the Person Act 1861 (assault occasioning actual bodily harm) in a case where it is alleged that a firearm or knife was used to inflict the harm in question.

8

An offence under section 18, 20, 38 or 47 of the Offences against the Person Act 1861 in a case (other than a case falling within any of paragraphs 4 to 7) where it is alleged that—

• (a) the accused was carrying a firearm or knife at any time during the commission of the offence, and

• (b) a person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.

Prevention of Crime Act 1953 (c. 14)

9

An offence under section 1 of the Prevention of Crime Act 1953 (having an offensive weapon in a public place).

9A

An offence under section 1A of that Act (threatening with offensive weapon in public).

Firearms Act 1968 (c. 27)

10

An offence under section 1 of the Firearms Act 1968 (requirement of firearm certificate).

11

An offence under section 2(1) of that Act (possession etc of a shot gun without a certificate).

12

An offence under section 3 of that Act (business and other transactions with firearms and ammunition).

13

An offence under section 4 of that Act (conversion of weapons).

14

An offence under section 5(1) of that Act (weapons subject to general prohibition).

15

An offence under section 5(1A) of that Act (ammunition subject to general prohibition).

16

An offence under section 16 of that Act (possession with intent to injure).

17

An offence under section 16A of that Act (possession with intent to cause fear of violence).

18

An offence under section 17 of that Act (use of firearm to resist arrest).

19

An offence under section 18 of that Act (carrying firearm with criminal intent).

20

An offence under section 19 of that Act (carrying firearm in a public place).

21

An offence under section 20 of that Act (trespassing with firearm).

22

An offence under section 21 of that Act (possession of firearms by person previously convicted of crime).

23

An offence under section 21A of that Act (firing an air weapon beyond premises).

24

An offence under section 24A of that Act (supplying imitation firearms to minors).

Criminal Justice Act 1988 (c. 33)

25

An offence under section 139 of the Criminal Justice Act 1988 (having article with blade or point in public place).

26

An offence under section 139A of that Act (having article with blade or point (or offensive weapon) on school premises).

26A

An offence under section 139AA of that Act (threatening with article with blade or point or offensive weapon).

Violent Crime Reduction Act 2006 (c. 38)

27

An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon).

28

An offence under section 32 of that Act (sales of air weapons by way of trade or business to be face to face).

29

An offence under section 36 of that Act (manufacture, import and sale of realistic imitation firearms).

General

30

A reference in any of paragraphs 1 to 8 and 29A to an offence (“offence A”) includes—

• (a) a reference to an attempt to commit offence A in a case where it is alleged that it was attempted to commit offence A in the manner or circumstances described in that paragraph,

• (b) a reference to a conspiracy to commit offence A in a case where it is alleged that the conspiracy was to commit offence A in the manner or circumstances described in that paragraph,

• (c) a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed in a case where it is alleged that the person intended or believed offence A would be committed in the manner or circumstances described in that paragraph, and

• (d) a reference to aiding, abetting, counselling or procuring the commission of offence A in a case where it is alleged that offence A was committed, or the act or omission charged in respect of offence A was done or made, in the manner or circumstances described in that paragraph.

31

A reference in any of paragraphs 9 to 29 to an offence (“offence A”) includes—

• (a) a reference to an attempt to commit offence A,

• (b) a reference to a conspiracy to commit offence A,

• (c) a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed, and

• (d) a reference to aiding, abetting, counselling or procuring the commission of offence A.

Interpretation

32

In this Schedule—

• “firearm” has the meaning given by section 57 of the Firearms Act 1968;

• “knife” has the meaning given by section 10 of the Knives Act 1997.

Sections 2 to 5.

Section 4(7)(d) except for the “or” at the end.

45A

• (1) This section applies in relation to—

• (a) any criminal proceedings in any court (other than a service court) in England and Wales, and

• (b) any proceedings (whether in the United Kingdom or elsewhere) in any service court.

• (2) The court may make a direction (“a reporting direction”) that no matter relating to a person mentioned in subsection (3) shall during that person's lifetime be included in any publication if it is likely to lead members of the public to identify that person as being concerned in the proceedings.

• (3) A reporting direction may be made only in respect of a person who is under the age of 18 when the proceedings commence and who is—

• (a) a witness, other than an accused, in the proceedings;

• (b) a person against whom the offence, which is the subject of the proceedings, is alleged to have been committed.

• (4) For the purposes of subsection (2), matters relating to a person in respect of whom the reporting direction is made include—

• (a) the person's name,

• (b) the person's address,

• (c) the identity of any school or other educational establishment attended by the person,

• (d) the identity of any place of work of the person, and

• (e) any still or moving picture of the person.

• (5) The court may make a reporting direction in respect of a person only if it is satisfied that—

• (a) the quality of any evidence given by the person, or

• (b) the level of co-operation given by the person to any party to the proceedings in connection with that party's preparation of its case,

is likely to be diminished by reason of fear or distress on the part of the person in connection with being identified by members of the public as a person concerned in the proceedings.

• (6) In determining whether subsection (5) is satisfied, the court must in particular take into account—

• (a) the nature and alleged circumstances of the offence to which the proceedings relate;

• (b) the age of the person;

• (c) such of the following as appear to the court to be relevant—

• (i) the social and cultural background and ethnic origins of the person,

• (ii) the domestic, educational and employment circumstances of the person, and

• (iii) any religious beliefs or political opinions of the person;

• (d) any behaviour towards the person on the part of—

• (i) an accused,

• (ii) members of the family or associates of an accused, or

• (iii) any other person who is likely to be an accused or a witness in the proceedings.

• (7) In determining that question the court must in addition consider any views expressed—

• (a) by the person in respect of whom the reporting restriction may be made, and

• (b) where that person is under the age of 16, by an appropriate person other than an accused.

• (8) In determining whether to make a reporting direction in respect of a person, the court must have regard to—

• (a) the welfare of that person,

• (b) whether it would be in the interests of justice to make the direction, and

• (c) the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of the proceedings.

• (9) A reporting direction may be revoked by the court or an appellate court.

• (10) The court or an appellate court may by direction (“an excepting direction”) dispense, to any extent specified in the excepting direction, with the restrictions imposed by a reporting direction.

• (11) The court or an appellate court may only make an excepting direction if—

• (a) it is satisfied that it is necessary in the interests of justice to do so, or

• (b) it is satisfied that—

• (i) the effect of the reporting direction is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and

• (ii) it is in the public interest to remove or relax that restriction.

• (12) No excepting direction shall be given under subsection (11)(b) by reason only of the fact that the proceedings have been determined in any way or have been abandoned.

• (13) In determining whether to make an excepting direction in respect of a person, the court or the appellate court must have regard to the welfare of that person.

• (14) An excepting direction—

• (a) may be given at the time the reporting direction is given or subsequently, and

• (b) may be varied or revoked by the court or an appellate court.

• (15) For the purposes of this section—

• (a) criminal proceedings in a court other than a service court commence when proceedings are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985, in accordance with section 15(2) of that Act;

• (b) proceedings in a service court commence when the charge is brought under section 121(1A) or 122 of the Armed Forces Act 2006.

• (16) In this section—

• (a) “appellate court”, in relation to any proceedings in a court, means a court dealing with an appeal (including an appeal by way of case stated) arising out of the proceedings or with any further appeal;

• (b) “appropriate person” has the same meaning as in section 50;

• (c) references to the quality of evidence given by a person are to its quality in terms of completeness, coherence and accuracy (and for this purpose “coherence” refers to a person's ability in giving evidence to give answers which address the questions put to the person and can be understood both individually and collectively);

• (d) references to the preparation of the case of a party to any proceedings include, where the party is the prosecution, the carrying out of investigations into any offence at any time charged in the proceedings.

SCHEDULE 2A

Domestic service providers: extension of liability

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-UK service providers: restriction on institution of proceedings

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions for mere conduits

3

• (1) A service provider is not capable of being guilty of an offence under section 49, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), in respect of anything done in the course of providing so much of an information society service as consists in—

• (a) the provision of access to a communication network, or

• (b) the transmission in a communication network of information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

• (2) The condition is that the service provider does not—

• (a) initiate the transmission,

• (b) select the recipient of the transmission, or

• (c) select or modify the information contained in the transmission.

• (3) For the purposes of sub-paragraph (1)—

• (a) the provision of access to a communication network, and

• (b) the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

• (4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

4

• (1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

• (2) The service provider is not capable of being guilty of an offence under section 49, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), in respect of the automatic, intermediate and temporary storage of information so provided, if—

• (a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

• (b) the condition in sub-paragraph (3) is satisfied.

• (3) The condition is that the service provider—

• (a) does not modify the information,

• (b) complies with any conditions attached to having access to the information, and

• (c) where sub-paragraph (4) applies, expeditiously removes the information or disables access to it.

• (4) This sub-paragraph applies if the service provider obtains actual knowledge that—

• (a) the information at the initial source of the transmission has been removed from the network,

• (b) access to it has been disabled, or

• (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

Exception for hosting

5

• (1) A service provider is not capable of being guilty of an offence under section 49, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if sub-paragraph (2) or (3) is satisfied.

• (2) This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided that it consisted of or included matter whose inclusion in a publication is prohibited by a direction under section 45A(2).

• (3) This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to it.

• (4) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Interpretation

6

• (1) This paragraph applies for the purposes of this Schedule.

• (2) “Information society services”—

• (a) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

• (b) is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”,

and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

• (3) “Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.

• (4) “Service provider” means a person providing an information society service.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 2 to 5.

Section 4(7)(d) except for the “or” at the end.

Serious Crime Act 2015

29A

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation) in a case where it is alleged that—

• (a) the accused was carrying a firearm or knife at any time during the commission of the offence, and

• (b) a person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.