Article 10 Extension of provisions of Article 9 to certain witnesses over 18F4
Northern Ireland
For the purposes of this Article—
a witness in criminal proceedings (other than the accused) is a “qualifying witness” if he—
is not an eligible witness at the time of the hearing (as defined by Article 4(3)), but
was under the age of F118 when a relevant recording was made;
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a “relevant recording”, in relation to a witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness.
Paragraphs (2) to (4) and (4C) of Article 9, so far as relating to the giving of a direction complying with the requirement contained in Article 9(3)(a), apply to a qualifying witness in respect of the relevant recording as they apply to a child witness (within the meaning of that Article).
Annotations
Textual amendments
- F1
Word in art. 10(1)(a)(ii) substituted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 7(4)(b), 111(3) (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)
- F2
Art. 10(1)(b) repealed (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 8(7)(a), 110(2), 111(3), Sch. 8 Pt. 1 (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)(g)(i)
- F3
Art. 10(2) substituted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 8(7)(b), 111(3) (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)
- F4
Art. 10: word in the title substituted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 7(4)(a), 111(3) (with s. 106(4), Sch. 6 para. 2); S.R. 2011/370, art. 3(a)
Notes on Part II
Modifications
- C1
Pt. II applied (with modifications) (18.9.2006) by Anti-social Behaviour (Northern Ireland) Order 2004 (S.I. 2004/1988 (N.I. 12)), art. 6C(2)(3)(4) (as inserted by Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965 (N.I. 15)), arts. 1(2)(a), 6); S.R. 2006/368, art. 2(a)
- C2
Pt. II applied (with modifications) (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 34(1)(2)63(2); S.I. 2016/553, reg. 2