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Changes over time for: Section 39
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Version Superseded: 24/07/2006
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Point in time view as at 01/12/2003. This version of this provision has been superseded.
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Changes to legislation:
Youth Justice and Criminal Evidence Act 1999, Section 39 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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39 Warning to jury.E+W
This section has no associated Explanatory Notes
(1)Where on a trial on indictment 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—
(a)by any inferences that might be drawn from the fact that the accused has been prevented from cross-examining the witness in person;
(b)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.
(2)Subsection (8)(a) of section 38 applies for the purposes of this section as it applies for the purposes of section 38.
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