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The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 13) Order 2013

S.I. 2013/3236 · Made 18 December 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Criminal Procedure, England And Wales

Made 18th December 2013

The Secretary of State, in exercise of the powers conferred by sections 64(4) and 68(3) of the Youth Justice and Criminal Evidence Act 1999f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

1999 c. 23; section 64(4) has been amended by section 165(4) and Part 1 of Schedule 12 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

Contents

  1. 1Citation and interpretation
  2. 2Provision coming into force on 30th December 2013
  3. Signature
  4. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 13) Order 2013.

(2)

In this Order, “the Act” means the Youth Justice and Criminal Evidence Act 1999.

2Provision coming into force on 30th December 2013

(1)

Section 28 of the Actf1 (video recorded cross-examination or re-examination) comes into force on 30th December 2013 in relation to relevant proceedings.

(2)

Proceedings are relevant for the purposes of article 2(1) if—

(a)

they take place before the Crown Court sitting at—

(i)

Kingston-upon-Thames,

(ii)

Leeds, or

(iii)

Liverpool; and

(b)

the witness is eligible for assistance by virtue of either—

(i)

section 16(1)(a) of the Actf2 (witnesses eligible for assistance on grounds of age) where the witness is under the age of 16 at the time of the hearing, or

(ii)

section 16(1)(b) of the Act (witnesses eligible for assistance on grounds of incapacity).

Signature

Signed by the authority of the Secretary of State

Damian Green

Minister of State

Ministry of Justice

18th December 2013

Explanatory note

(This note is not part of the Order)

This Order is made under sections 64(4) and 68(3) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the Act”).

Section 28 provides that where a witness’s video-recorded evidence in chief has been admitted under section 27 of the Act the court may also direct that the video-recorded cross-examination of that witness may also be admitted as evidence.

Article 2 makes provision about the coming into force of section 28 of the Act on 30th December 2013, but only for the purposes of proceedings before the Crown Court sitting at Kingston-upon-Thames, Leeds, or Liverpool, and to cases in which a vulnerable witness is eligible for assistance either where he or she is under the age of 16 at the time of the hearing, or by virtue of section 16(1)(b) of the Act, owing to an incapacity.