Explanatory note

This Order commences, for remaining purposes, section 61(2) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the 1999 Act”), which provides that Chapter 4 of Part 2 of that Act shall have effect for the purposes of proceedings before a service court subject to any modifications which the Secretary of State may by order specify. Chapter 4 contains provisions allowing reporting restrictions to be imposed in certain proceedings involving vulnerable persons. Section 61(2) of the 1999 Act is already in force for the purpose only of the exercise of any power to make an order under it. Modifications to Chapter 4 for courts-martial and Standing Civilian Courts are contained, inter alia, in the Youth Justice and Criminal Evidence Act 1999 (Application to Courts-Martial) Order 2006 (S.I. 2006/2886) and the Youth Justice and Criminal Evidence Act 1999 (Application to Standing Civilian Courts) Order 2006 (S.I. 2006/2888) (“the 2006 Orders”).

As at the date of this Order, sections 44 and 45 in Chapter 4 of the 1999 Act have not yet been commenced. This Order does not operate to commence sections 44 or 45 for service courts.

This Order also commences a number of repeals which are consequential upon the coming into force of the 2006 Orders.

The repeal of section 32(1)(b) and (2), (3A) to (3E) and (6) and section 32(A) of the Criminal Justice Act 1988 (c. 33) (which relate to giving evidence through television links and video recordings of testimony from child witnesses) was commenced by the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 7) Order 2002 (S.I. 2002/1739), but with a saving in so far as those sections are applied to proceedings before Service courts by the Criminal Justice Act 1988 (Application to Service Courts) (Evidence) Order 1996 (S.I. 1996/2592) (“the 1996 Order”). The 1996 Order is revoked by the Criminal Justice Act 1988 (Application to Service Courts) (Evidence) Order 2006 (S.I. 2006/2890) which contains saving provisions for Service courts in respect of section 32(1)(a) and (3), which allows a witness who is not in the country where the court is sitting to give evidence by live television link. The amendments to paragraph 8 of Schedule 13 are consequential on the amendments to section 32.

Similarly, the repeal of paragraph 35(3) of Schedule 10 of the Criminal Justice and Public Order Act 1994 (c. 33) was commenced by the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 5) Order 2000 (S.I. 2000/3075), but with a saving in relation to any trial by a court-martial. The effect of this Order is that this provision is now wholly repealed.