OpenLegislation

Rule 23.3 Exercise of court’s powersI1

England and Wales

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

(1)

The court may decide whether to impose or discharge a prohibition against cross-examination under section 36 of the Youth Justice and Criminal Evidence Act 1999—

(a)

at a hearing, in public or in private, or without a hearing; and

(b)

in a party’s absence, if that party—

(i)

applied for the prohibition or discharge, or

(ii)

has had at least 10 business days in which to make representations.

(2)

The court must announce, at a hearing in public before the witness gives evidence, the reasons for a decision—

(a)

to impose or discharge such a prohibition; or

(b)

to refuse to do so.

[Note. See section 37 of the Youth Justice and Criminal Evidence Act 1999f1.]

Annotations

Commencement

I1

Rule 23.3 in force at 6.10.2025, see Preamble

Footnotes

f1

1999 c. 23; section 37 was amended by section 109 of, and paragraph 384(e) of Schedule 8 to, the Courts Act 2003 (c. 39).