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Article 21 Interpretation etc. of Part II

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this Part—

  • “eligible witness” means a witness eligible for assistance by virtue of Article 4 or 5;

  • “live link” has the meaning given by Article 12(6);

  • “quality”, in relation to the evidence of a witness, shall be construed in accordance with Article 4(5);

  • “special measures direction” means (in accordance with Article 7(5)) a direction under Article 7.

(2)

In this Part references to the special measures available in relation to a witness shall be construed in accordance with Article 6.

(3)

In this Part references to a person being able to see or hear, or be seen or heard by, another person are to be read as not applying to the extent that either of them is unable to see or hear by reason of any impairment of eyesight or hearing.

(4)

In the case of any proceedings in which there is more than one accused—

(a)

any reference to the accused in Articles 11 to 16 may be taken by a court, in connection with the giving of a special measures direction, as a reference to all or any of the accused, as the court may determine, and

(b)

any such direction may be given on the basis of any such determination.

F1(5)

For the purposes of this Part as it applies in relation to a witness who is the complainant in respect of a slavery or human trafficking offence, where the age of the witness is uncertain and there are reasons to believe that the witness is under the age of 18, that witness is presumed to be under the age of 18.

Annotations

Textual amendments

F1

Art. 21(5) inserted (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), ss. 24(5), 28(2)

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