The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 16) Order 2019

Made: 9th May 2019

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. 16) Order 2019.

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

Provision coming into force on 3rd June 2019

2

• (1) Section 28 of the Act[^f00002] (video recorded cross-examination or re-examination) comes into force on 3rd June 2019 in relation to relevant proceedings.

• (2) Proceedings are relevant for the purposes of paragraph (1) if either paragraph (3) or (4) applies.

• (3) This paragraph applies if—

• (a) the proceedings 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 17(4) of the Act[^f00003] (complainants in respect of a sexual offence or modern slavery offence who are witnesses in proceedings relating to that offence, or that offence and any other offences).

• (4) This paragraph applies if—

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

• (i) Bradford;

• (ii) Carlisle;

• (iii) Chester;

• (iv) Durham;

• (v) Mold; or

• (vi) Sheffield; and

• (b) the witness is eligible for assistance by virtue of section 16 of the Act[^f00004] (witnesses eligible for assistance on grounds of age or incapacity).

Signed

Edward Argar — Parliamentary Under Secretary of State — Ministry of Justice — 9th May 2019

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 interview has been admitted as their evidence in chief under section 27 of the Act the court may also direct that any cross-examination and re-examination of that witness may be video recorded and that recording may be admitted as evidence.

Article 2 of this Order makes provision for the coming into force of section 28 of the Act on 3rd June 2019 for the purposes of proceedings before the Crown Court sitting at Kingston-upon-Thames, Leeds or Liverpool, where the witness is eligible for special measures under section 17(4) of the Act.

Section 28 was partially brought into force by S.I. 2013/3236 in relation to proceedings before the Crown Court sitting at those locations, 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.

S.I. 2016/1201 expanded the availability of section 28 directions in the Crown Court sitting at those locations, so that they could also be made in relation to witnesses who are aged 16 or 17 at the time of the hearing.

This Order further expands the availability of such directions in the Crown Court sitting at those locations, so that they may be made in relation to complainants in respect of a sexual offence or modern slavery offence who are witnesses in proceedings relating to that offence, or that offence and any other offences.

Article 2 also makes provision for the coming into force of section 28 on 3rd June 2019 for the purposes of proceedings before the Crown Court sitting at Bradford, Carlisle, Chester, Durham, Mold and Sheffield, where the witness is eligible for special measures made under section 16 of the Act.

Footnotes

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

[^f00002]: Amended by paragraph 384(c) of Schedule 8 to the Courts Act 2003 (c. 39).

[^f00003]: Amended by section 46(2) of the Modern Slavery Act 2015 (c. 30).

[^f00004]: Amended by section 98(2) of the Coroners and Justice Act 2009 (c. 25).