The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 15) Order 2016

Made: 7th December 2016

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

Citation and interpretation

1

• (1) This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 15) Order 2016.

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

Provisions coming into force on 2nd January 2017

2

• (1) Section 28 of the Act[^f00002] (video recorded cross-examination or re-examination) comes into force on 2nd January 2017 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 section 16(1)(a) of the Act[^f00003] (witnesses eligible for assistance on grounds of age) where the witness is aged 16 or 17 at the time of the hearing.

Signed

Elizabeth Truss — Secretary of State — Ministry of Justice — 7th December 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Section 28 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the Act”) provides that where a witness’s video recorded evidence in chief has been admitted under section 27 of the Act the court may direct that the video recorded cross-examination and re-examination of that witness may also be admitted as evidence.

Article 2 makes provision for the coming into force of section 28 of the Act on 2nd January 2017, but only for the purposes of proceedings before the Crown Court sitting at Kingston-upon-Thames, Leeds or Liverpool, where the witness is aged 16 or 17 at the time of the hearing.

Section 28 was previously brought into force by SI 2013/3236 in relation to these courts, where the witness was eligible by virtue of section 16(1)(a) and was 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.

The effect of this Order is therefore to expand the availability of section 28 directions in these courts, so that they may also be made in relation to witnesses who are aged 16 or 17 at the time of the hearing.

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).