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The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 23) Order 2022

S.I. 2022/456 · Made 30 March 2022

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 30th March 2022

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

Annotations to the whole text

Footnotes

f1

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

Contents

  1. 1Citation, interpretation and extent
  2. 2Provision coming into force on 31st March 2022
  3. 3Provision coming into force on 4th April 2022
  4. 4Provision coming into force on 11th April 2022
  5. Signature
  6. Explanatory note

1Citation, interpretation and extent

(1)

This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 23) Order 2022.

(2)

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

(3)

This Order extends to England and Wales.

2Provision coming into force on 31st March 2022

(1)

Section 28 of the Actf1 (video recorded cross-examination or re-examination) comes into force on 31st March 2022 in relation to relevant proceedings.

(2)

Proceedings are relevant for the purposes of paragraph (1) if paragraph (3) applies.

(3)

This paragraph applies if—

(a)

the proceedings take place before the Crown Court sitting at—

(i)

Great Grimsby Combined Court;

(ii)

Kingston-upon-Hull Combined Court Centre; or

(iii)

York; and

(b)

the witness is eligible for assistance by virtue of section 17(4) of the Actf2 (complainants in respect of a sexual offence or a modern slavery offence who are witnesses in proceedings relating to that offence, or that offence and any other offences).

3Provision coming into force on 4th April 2022

(1)

Section 28 of the Act comes into force on 4th April 2022 in relation to relevant proceedings.

(2)

Proceedings are relevant for the purposes of paragraph (1) if paragraph (3) applies.

(3)

This paragraph applies if—

(a)

the proceedings take place before the Crown Court sitting at Bradford Combined Court Centre; and

(b)

the witness is eligible for assistance by virtue of section 17(4) of the Act.

4Provision coming into force on 11th April 2022

(1)

Section 28 of the Act comes into force on 11th April 2022 in relation to relevant proceedings.

(2)

Proceedings are relevant for the purposes of paragraph (1) if paragraph (3) applies.

(3)

This paragraph applies if—

(a)

the proceedings take place before the Crown Court sitting at Teesside Combined Court Centre; and

(b)

the witness is eligible for assistance by virtue of section 17(4) of the Act.

Signature

James Cartlidge

Parliamentary Under Secretary of State

Ministry of Justice

30th March 2022

Explanatory note

(This note is not part of the Order)

Section 28 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the Act”) provides that where a video recorded interview of a witness has been admitted as their evidence in chief under section 27 of the Act, the court may also direct that any cross-examination and re-examination of the witness be video recorded and that recording admitted as evidence.

Article 2 of this Order makes provision for the coming into force of section 28 of the Act on 31st March 2022 for the purposes of proceedings before the Crown Court sitting at York, Kingston-upon-Hull Combined Court Centre, or Great Grimsby Combined Court Centre, where a witness is eligible for assistance by virtue of section 17(4) of the Act (complainants in respect of a sexual offence or modern slavery offence who are witnesses in proceedings relating to that offence, or that offence and any other offences). Articles 3 and 4 make provision for the coming into force of section 28 on 4th April 2022 for the purposes of proceedings before the Crown Court sitting at Bradford Combined Court Centre, and on 11th April 2022 for the purposes of proceedings before the Crown Court sitting at Teesside Combined Court Centre, where the witness is eligible for assistance by virtue of section 17(4) of the Act.

S.I. 2019/947 brought section 28 into force in relation to proceedings before the Crown Court sitting at Kingston-upon-Thames, Leeds, or Liverpool, where the witness is eligible for special measures under section 17(4) of the Act.

S.I. 2021/1036 brought section 28 into force in relation to proceedings before the Crown Court sitting at Durham, Harrow, Isleworth, or Wood Green, where the witness is eligible for special measures under section 17(4) of the Act.

This Order expands the availability of section 28 directions to proceedings before the Crown Court in five further locations, where the witness is eligible for assistance by virtue of section 17(4) of the Act.

An impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.