The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 13) Order 2013

Made: 18th December 2013

The Secretary of State, in exercise of the powers conferred by sections 64(4) and 68(3) of the Youth Justice and Criminal Evidence Act 1999[^f00001], makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 13) Order 2013.

• (2) In this Order, “the Act” means the Youth Justice and Criminal Evidence Act 1999.

Provision coming into force on 30th December 2013

2

• (1) Section 28 of the Act[^f00002] (video recorded cross-examination or re-examination) comes into force on 30th December 2013 in relation to relevant proceedings.

• (2) Proceedings are relevant for the purposes of article 2(1) if—

• (a) they take place before the Crown Court sitting at—

• (i) Kingston-upon-Thames,

• (ii) Leeds, or

• (iii) Liverpool; and

• (b) the witness is eligible for assistance by virtue of either—

• (i) section 16(1)(a) of the Act[^f00003] (witnesses eligible for assistance on grounds of age) where the witness is under the age of 16 at the time of the hearing, or

• (ii) section 16(1)(b) of the Act (witnesses eligible for assistance on grounds of incapacity).

Signed

Signed by the authority of the Secretary of State

Damian Green — Minister of State — Ministry of Justice — 18th December 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is made under sections 64(4) and 68(3) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the Act”).

Section 28 provides that where a witness’s video-recorded evidence in chief has been admitted under section 27 of the Act the court may also direct that the video-recorded cross-examination of that witness may also be admitted as evidence.

Article 2 makes provision about the coming into force of section 28 of the Act on 30th December 2013, but only for the purposes of proceedings before the Crown Court sitting at Kingston-upon-Thames, Leeds, or Liverpool, and to cases in which a vulnerable witness is eligible for assistance either where he or she is under the age of 16 at the time of the hearing, or by virtue of section 16(1)(b) of the Act, owing to an incapacity.

Footnotes

[^f00001]: 1999 c. 23; section 64(4) has been amended by section 165(4) and Part 1 of Schedule 12 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

[^f00002]: Section 28 has been amended by section 109(1) and paragraph 384(c) of Schedule 8 to the Courts Act 2003 (c. 39).

[^f00003]: Section 16 has been amended by section 98(1) and (2) of the Coroners and Justice Act 2009 (c. 25).