Article 6C Special measures for witnessesF1

Northern Ireland

(1)

This Article applies—

(a)

to proceedings on an application for, or relating to the issue whether to make, vary or discharge an anti-social behaviour order; and

(b)

to proceedings on an appeal against the making of an anti-social behaviour order.

(2)

Part II of the Criminal Evidence (Northern Ireland) Order 1999 (NI 8) (special measures directions in the case of vulnerable and intimidated witnesses) shall apply in relation to any such proceedings as it applies in relation to criminal proceedings, but with—

(a)

the omission of the provisions of that Part mentioned in paragraph (3) (which make provision appropriate only in the context of criminal proceedings), and

(b)

any other necessary modifications.

(3)

The provisions are—

(a)

Article 5(4),

(b)

F2Article 9(4C)(e),

(F3c)

Article 10A,

(d)

Article 15(10), and

(e)

Article 20.

(4)

Any rules of court made under or for the purposes of Part II of that Order shall apply in relation to proceedings to which this Article applies—

(a)

to such extent as may be provided by rules of court F4(within the meaning of that Part , and

(b)

subject to such modifications as may be so provided.

(5)

Section 47 of the Youth Justice and Criminal Evidence Act 1999 (c.23) (restrictions on reporting special measures directions etc.) applies, with any necessary modifications, in relation to—

(a)

a direction under Article 7 of the Criminal Evidence (Northern Ireland) Order 1999, as applied by this Article, or

(b)

an order discharging or varying such a direction,

and sections 49 and 51 of that Act (offences) apply accordingly.

Annotations

Textual amendments

F1: Art. 6C and preceding cross-heading inserted (18.9.2006) by Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965 (N.I. 15)), arts. 2(a), 6; S.R. 2006/368, art. 2(a)
F2: Words in art. 6C(3)(b) substituted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 110(1), 111(3), Sch. 7 para. 13(a) (with s. 106(4)); S.R. 2011/370, art. 3(h)
F3: Art. 6C(3)(c) substituted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 110(1), 111(3), Sch. 7 para. 13(b) (with s. 106(4)); S.R. 2011/370, art. 3(h)
F4: Words in art. 6C(4)(a) inserted (8.6.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(3)(a), 94