The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 26) Order 2022

Made: 28th June 2022

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, interpretation and extent

1

• (1) This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 26) Order 2022.

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

• (3) This Order extends to England and Wales.

Provision coming into force on 29th June 2022

2

• (1) Section 28 of the Act[^f00002] (video recorded cross-examination or re-examination) comes into force on 29th June 2022 in relation to relevant proceedings.

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

• (3) This paragraph applies if—

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

• (i) Bolton Crown Court;

• (ii) Burnley Combined Court Centre;

• (iii) Preston Combined Court Centre;

• (iv) Carlisle Combined Court;

• (v) Lancaster Crown Court;

• (vi) Chester Crown Court;

• (vii) Swindon Combined Court;

• (viii) Warrington Crown Court;

• (ix) Manchester Crown Court (Crown Square); or

• (x) Manchester Crown Court (Minshull Street); 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 a modern slavery offence who are witnesses in proceedings relating to that offence, or that offence and any other offences).

Signed

James Cartlidge — Parliamentary Under Secretary of State — Ministry of Justice — 28th June 2022

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 video recorded interview of a witness 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 the witness be video recorded and that recording admitted as evidence.

Article 2 of this Order makes provision for the coming into force of section 28 of the Act on 29th June 2022 for the purposes of proceedings before the Crown Court sitting at Bolton, Burnley, Preston, Carlisle, Lancaster, Chester, Swindon, Warrington and Manchester, where a witness is eligible for assistance by virtue of section 17(4) of the Act (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).

S.I. 2019/947 brought section 28 into force in relation to proceedings before the Crown Court sitting at Kingston-upon-Thames, Leeds, and Liverpool, where the witness is eligible for special measures under section 17(4) of the Act.

S.I. 2021/1036 brought section 28 into force in relation to proceedings before the Crown Court sitting at Durham, Harrow, Isleworth, and Wood Green, where the witness is eligible for special measures under section 17(4) of the Act.

S.I. 2022/456 brought section 28 into force in relation to proceedings before the Crown Court sitting at Great Grimsby Combined Court, Bradford, Teesside, Kingston-upon-Hull Combined Court Centre, and York, where the witness is eligible for special measures under section 17(4) of the Act.

S.I. 2022/536 brought section 28 into force in relation to proceedings before the Crown Court sitting at Sheffield, Newcastle-upon-Tyne, Doncaster, Portsmouth, Southampton, Winchester, Truro, Bristol, Plymouth, Isle of Wight, Gloucester, Bournemouth, Exeter, and Salisbury, where the witness is eligible for special measures under section 17(4) of the Act.

S.I. 2022/623 brought section 28 into force in relation to proceedings before the Crown Court sitting at Stafford, Stoke-on-Trent, Shrewsbury, Hereford, Worcester, Warwick, Nottingham, Lincoln, Leicester, Northampton and Taunton, where the witness is eligible for special measures under section 17(4) of the Act.

This Order expands the availability of section 28 directions to proceedings before the Crown Court in 10 further locations, where the witness is eligible for assistance by virtue of section 17(4) of the Act.

An impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.

Footnotes

[^f00001]: 1999 c. 23; section 64(4) was amended by paragraph 1 of 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).