The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 18) Order 2020

Section 28 of the Youth Justice and Criminal Evidence Act 1999 (c.23) (“the Act”) provides that where a witness’s video recorded interview 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.

A witness in criminal proceedings can be eligible for a direction under section 28 by virtue of section 16(1)(a) of the Act (the witness is under 18 at the time of the hearing), section 16(1)(b) of the Act (eligibility on the grounds of incapacity), and/or section 17 of the Act (eligibility on the grounds of fear or distress about testifying).

Article 2 of this Order makes provision for the coming into force of section 28 of the Act on 24thAugust 2020 for the purposes of proceedings before the Crown Court sitting at Basildon, Canterbury, Central Criminal Court, Chelmsford, Croydon, Guildford, Harrow, Inner London Sessions House, Isleworth, Lewes, Maidstone, Snaresbrook, Southwark, Stafford, Wood Green or Woolwich, where the witness is eligible for assistance by virtue of section 16 of the Act.

Section 28 was partially brought into force by S.I 2013/3236 in relation to proceedings before the Crown Court sitting at Kingston Upon-Thames, Leeds or Liverpool, where the witness is eligible by virtue of section 16(1)(a) and is under the age of 16 at the time of the hearing, or is eligible by virtue of section 16(1)(b) of the Act. Section 28 was subsequently brought into force in relation to proceedings in the Crown Court sitting at those three locations where the witness is eligible by virtue of section 16(1)(a) and is aged 16 or 17 at the time of the hearing (S.I. 2016/1201), and where the witness is eligible 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).

S.I 2019/947 brought section 28 into force in relation to proceedings before the Crown Court sitting at Bradford, Carlisle, Chester, Durham, Mold or Sheffield and, similarly, S.I 2020/155 brought section 28 into force in relation to proceedings before the Crown Court sitting at Aylesbury, Bristol, Leicester, Northampton, Oxford, Portsmouth, Reading, Swansea or Wolverhampton, in each case where the witness is eligible for special measures by virtue of section 16 of the Act.

This Order expands the availability of section 28 directions to proceedings before the Crown Court in sixteen further locations, where the witness is eligible for special measures by virtue of section 16 of the Act.

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