The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 30) Order 2023

Made: 31st January 2023

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. 30) Order 2023.

• (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 1st February 2023

2

• (1) In so far as it is not already in force, section 28 of the Act[^f00002] (video recorded cross-examination or re-examination) comes into force on 1st February 2023, in relation to relevant proceedings.

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

• (a) the proceedings take place before the Crown Court sitting at a place in England and Wales determined in accordance with section 78(3) of the Senior Courts Act 1981[^f00003], and

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

• (i) section 16 of the Act[^f00004] (witnesses eligible for assistance on grounds of age or incapacity), or

• (ii) section 17(4) of the Act[^f00005] (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

Edward Argar — Minister of State — Ministry of Justice — 31st January 2023

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 1st February 2023, in so far as it is not already in force with regard to witnesses eligible under section 16 or 17(4) of the Act in relation to proceedings before the Crown Court sitting at any location in England or Wales.

A sequence of commencement orders from S.I. 2013/3236 to S.I. 2022/992 brought section 28 into force in relation to proceedings before the Crown Court sitting in particular locations in relation to witnesses eligible for assistance by virtue of sections 16 and 17(4) of the Act. In addition, S.I. 2022/992 brought section 28 into force in relation to proceedings before the Leeds Youth Court sitting at Leeds Magistrates’ Court where the witness is eligible for assistance by virtue of section 16 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 section 165(4) and paragraph 1 of Part 1 of schedule 12 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

[^f00002]: Section 28 was amended by paragraph 384(c) of Schedule 8 to the Courts Act 2003 (c. 39).

[^f00003]: Section 78 was amended by paragraph 134 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

[^f00004]: Section 16 was amended by section 98(2) of the Coroners and Justice Act 2009 (c. 25).

[^f00005]: Section 17(4) was amended by section 46(2) of the Modern Slavery Act 2015 (c. 30) and sections 90(6) and section 62(1) and (2)(b) of the Domestic Abuse Act 2021 (c. 17) and S.I. 2013/554.