The Criminal Evidence (Northern Ireland) Order 1999
1999/2789 · Made 12 October 1999 · Extends to Northern Ireland
Annotations to the whole text
Modifications
- C1
Order: transfer of functions from Secretary of State to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)
- C2
Order: transfer of functions from Lord Chancellor to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 51 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- 3Meaning of “sexual offence” and other references to offences
- 3AMeaning of offence involving domestic abuse” etc.
- Part II: SPECIAL MEASURES DIRECTIONS IN CASE OF VULNERABLE AND INTIMIDATED WITNESSES
- Preliminary
- 4Witnesses eligible for assistance on grounds of age or incapacity
- 5Witnesses eligible for assistance on grounds of fear or distress about testifying
- 6Special measures available to eligible witnesses
- Special measures directions
- 7Special measures direction relating to eligible witness
- 8Further provisions about directions: general
- 9Special provisions relating to child witnesses
- 10Extension of provisions of Article 9 to certain witnesses over 18
- 10ASpecial provisions relating to sexual offences
- Special measures
- 11Screening witness from accused
- 12Evidence by live link
- 13Evidence given in private
- 14Removal of wigs and gowns
- 15Video recorded evidence in chief
- 16Video recorded cross-examination or re-examination
- 17Examination of witness through intermediary
- 18Aids to communication
- Supplementary
- 19Status of evidence given under this Part
- 20Warning to jury
- 21Interpretation etc. of Part II
- Part 2A: USE OF LIVE LINK AND INTERMEDIARY FOR EVIDENCE OF CERTAIN ACCUSED PERSONS
- 21ALive link directions
- 21BMeaning and effect of live link.
- 21BAExamination of accused through intermediary
- 21BBFurther provision as to directions under Article 21BA(3)
- 21CSaving
- Part III: PROTECTION OF WITNESSES FROM CROSS-EXAMINATION BY ACCUSED IN PERSON
- General prohibitions
- 22Complainants in proceedings for sexual offences
- 22AComplainants in proceedings involving domestic abuse
- 22BComplainants in proceedings involving stalking
- 23Child complainants and other child witnesses
- Prohibition imposed by court
- 24Direction prohibiting accused from cross-examining particular witness
- 25Further provisions about directions under Article 24
- Cross-examination on behalf of accused
- 26Defence representation for purposes of cross-examination
- 27Warning to jury
- Part IV: PROTECTION OF COMPLAINANTS IN PROCEEDINGS FOR SEXUAL OFFENCES
- Serious sexual offences: exclusion of public from court
- 27AExclusion of public from trial
- 27BNomination etc of persons to be excepted from exclusion
- 27CVariation of exclusion directions given under Article 27A
- 27DExclusion directions under Article 27A: general
- 27EExclusion of public from appeal hearing
- 27FExclusion from appeal hearings: further provision
- Sexual offences: restriction on certain evidence and questions
- 28Restriction on evidence or questions about complainant's sexual history
- 29Interpretation and application of Article 28
- 30Procedure on applications under Article 28
- Part V: COMPETENCE OF WITNESSES AND CAPACITY TO BE SWORN
- Competence of witnesses
- 31Competence of witnesses to give evidence
- 32Determining competence of witnesses
- Giving of sworn or unsworn evidence
- 33Determining whether witness to be sworn
- 34Reception of unsworn evidence
- 35Penalty for giving false unsworn evidence
- Part VI: RESTRICTIONS ON USE OF EVIDENCE
- 36Inferences from silence not permissible where no prior access to legal advice
- 37Removal of restriction on use of evidence from computer records
- Part VII: FINAL PROVISIONS
- 38Orders
- 39General supplementary provisions
- 40Minor and consequential amendments, transitional provisions and repeals
- Schedule Schedule
- Schedule 2: TRANSITIONAL PROVISIONS AND SAVINGS
- Part
- Interpretation
- 1Paragraph 1
- Special measures under Part II
- 2Paragraph 2
- Protection of witnesses from cross-examination by accused in person
- 3Paragraph 3
- Protection of complainants in proceedings for sexual offences
- 4Paragraph 4
- Competence of witnesses and capacity to be sworn
- 5Paragraph 5
- Inferences from silence
- 6Paragraph 6
- Schedule Schedule