Explanatory note

These Regulations are made as part of the implementation in England and Wales of Directive 2011/93/EU^f1 of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA.

Regulation 2 amends the Youth Justice and Criminal Evidence Act 1999 (c. 23) so that a complainant of a relevant offence whose age is uncertain will be presumed to be under the age of 18 if there are reasons to believe that person is under the age of 18. The effect is that a complainant to whom the presumption applies will be eligible for “special measures” under section 16 of that Act. Special measures are measures intended to assist and protect certain categories of witnesses in the giving of evidence in criminal proceedings. Previously the presumption only applied to a complainant of a human trafficking offence (an offence under section 59A of the Sexual Offences Act 2003 (c. 42) or an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)). The presumption will now additionally apply to a complainant of a sexual offence (as defined by section 62 of the 1999 Act) and a complainant of an offence under section 1 of the Protection of Children Act 1978 (c. 37) and a complainant under section 160 of the Criminal Justice Act 1988 (c. 33).

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.