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The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 24) Order 2022

S.I. 2022/536 · Made 11 May 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 11th May 2022

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) 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 12th May 2022
  3. Signature
  4. Explanatory note

1Citation, interpretation and extent

(1)

This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 24) 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 12th May 2022

(1)

Section 28 (video recorded cross-examination or re-examination) of the Actf1 comes into force on 12th May 2022 in relation to cases where paragraph applies.

(2)

This paragraph applies where—

(a)

the proceedings take place before the Crown Court sitting at—

(i)

Sheffield Combined Court Centre;

(ii)

Newcastle-upon-Tyne;

(iii)

Doncaster Justice Centre South;

(iv)

Portsmouth Combined Court Centre;

(v)

Southampton Combined Court Centre;

(vi)

Winchester Combined Court Centre;

(vii)

Truro Combined Court Centre;

(viii)

Bristol;

(ix)

Plymouth Combined Court;

(x)

Isle of Wight Combined Court;

(xi)

Gloucester;

(xii)

Bournemouth Combined Court;

(xiii)

Exeter; or

(xiv)

Salisbury, and

(b)

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

Signature

James Cartlidge

Parliamentary Under Secretary of State

Ministry of Justice

11th May 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 12th May 2022 for the purposes of proceedings before the Crown Court sitting at Newcastle-upon-Tyne, Doncaster, Sheffield, Bournemouth, Bristol, Exeter, Gloucester, Isle of Wight, Plymouth, Portsmouth, Salisbury, Southampton, Truro and Winchester, 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).

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.

S.I. 2022/456 brought section 28 into force in relation to proceedings before the Crown Court sitting at Great Grimsby Combined Court, Kingston-upon-Hull Combined Court Centre and York Crown Court, 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 fourteen 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.