Section 39 Warning to jury.I1C1
England and Wales
Where on a trial on indictment F1with a jury an accused is prevented from cross-examining a witness in person by virtue of section 34, 35 or 36, the judge must give the jury such warning (if any) as the judge considers necessary to ensure that the accused is not prejudiced—
by any inferences that might be drawn from the fact that the accused has been prevented from cross-examining the witness in person;
where the witness has been cross-examined by a legal representative appointed under section 38(4), by the fact that the cross-examination was carried out by such a legal representative and not by a person acting as the accused’s own legal representative.
Subsection (8)(a) of section 38 applies for the purposes of this section as it applies for the purposes of section 38.
Annotations
Textual amendments
- F1
Words in s. 39(1) inserted (24.7.2006) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 76; S.I. 2006/1835, art. 2(h)
Modifications
- C1
S. 39 applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2009/2083), arts. 1, 5, 6
Commencement
- I1
S. 39 wholly in force at 4.9.2000; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 39 in force at 4.9.2000 by S.I. 2000/2091, art. 2(d)
Notes on Chapter II
Modifications
- C1
Pt. II Chs. I-III amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2