The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 27) Order 2022

S.I. 2022/773 · Made 7 July 2022

Criminal Procedure, England And Wales

Made 7th July 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 1999^f1, 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).

1Citation, interpretation and extent
2Provision coming into force on 11th July 2022
3Provision coming into force on 18th July 2022
Signature
Explanatory note

1Citation, interpretation and extent

(1)

This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 27) 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 11th July 2022

(1)

Section 28 of the Act^f1 (video recorded cross-examination or re-examination) comes into force on 11th July 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)

Caernarfon Justice Centre;

(ii)

Cardiff Crown Court;

(iii)

Merthyr Tydfil Combined Court Centre;df

(iv)

Mold Justice Centre;

(v)

Newport (South Wales) Crown Court;

(vi)

Preston Crown Court and Family Court (Sessions House); or

(vii)

Swansea Crown Court; and

(b)

the witness is eligible for assistance by virtue of section 17(4) of the Act^f2 (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 18th July 2022

(1)

Section 28 of the Act^f1 (video recorded cross-examination or re-examination) comes into force on 18th July 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)

Birmingham Crown Court;

(ii)

Coventry Combined Court Centre;

(iii)

Derby Combined Court Centre; or

(iv)

Wolverhampton Combined Court Centre; and

(b)

Signature

Christopher Bellamy

Parliamentary Under Secretary of State

Ministry of Justice

7th July 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 11th July 2022 for the purposes of proceedings before the Crown Court sitting at Caernarfon, Cardiff, Merthyr Tydfil, Mold, Newport, Preston (Sessions House), and Swansea, 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). Article 3 of this Order makes provision for the coming into force of section 28 of the Act on 18th July 2022 for the purposes of proceedings before the Crown Court sitting at Birmingham, Coventry, Derby, and Wolverhampton, 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, and 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, and 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, Bradford, Teesside, Kingston-upon-Hull Combined Court Centre, and York, where the witness is eligible for special measures under section 17(4) of the Act.

S.I. 2022/536 brought section 28 into force in relation to proceedings before the Crown Court sitting at Sheffield, Newcastle-upon-Tyne, Doncaster, Portsmouth, Southampton, Winchester, Truro, Bristol, Plymouth, Isle of Wight, Gloucester, Bournemouth, Exeter, and Salisbury, where the witness is eligible for special measures under section 17(4) of the Act.

S.I. 2022/623 brought section 28 into force in relation to proceedings before the Crown Court sitting at Stafford, Stoke-on-Trent, Shrewsbury, Hereford, Worcester, Warwick, Nottingham, Lincoln, Leicester, Northampton, and Taunton, where the witness is eligible for special measures under section 17(4) of the Act.

S.I. 2022/713 brought section 28 into force in relation to proceedings before the Crown Court sitting at Bolton, Burnley, Preston, Carlisle, Lancaster, Chester, Swindon, Warrington, and Manchester.

This Order expands the availability of section 28 directions to proceedings before the Crown Court in 11 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.