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Statutory Instruments

2020 No. 888 (C. 28)

Criminal Procedure, England And Wales

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

Made

19th August 2020

The Secretary of State makes the following Order in exercise of the powers conferred by sections 64(4) and 68(3) of the Youth Justice and Criminal Evidence Act 1999(1).

Citation and interpretation

1.—(1) This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 18) Order 2020.

(2) In this Order, “the Act” means the Youth Justice and Criminal Evidence Act 1999.

Provision coming into force on 24th August 2020

2.—(1) Section 28 of the Act(2) (video recorded cross-examination or re-examination) comes into force on 24th August 2020 in relation to relevant proceedings.

(2) Proceedings are relevant for the purposes of paragraph (1) if—

(a)they take place before the Crown Court sitting at—

(i)Basildon;

(ii)Canterbury;

(iii)the Central Criminal Court;

(iv)Chelmsford;

(v)Croydon;

(vi)Guildford;

(vii)Harrow;

(viii)the Inner London Sessions House;

(ix)Isleworth;

(x)Lewes;

(xi)Maidstone;

(xii)Snaresbrook;

(xiii)Southwark;

(xiv)Stafford;

(xv)Wood Green, or

(xvi)Woolwich, and

(b)the witness is eligible for assistance by virtue of section 16 of the Act(3) (witnesses eligible for assistance on grounds of age or incapacity).

Lucy Frazer

Minister of State

Ministry of Justice

19th August 2020

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 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 24th August 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.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Youth Justice and Criminal Evidence Act 1999 have been brought into force in England and Wales by commencement order made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Sections 1 to 15 (remainder) and Schedule 126.06.20002000/1587
Sections 16 to 2724.07.20022002/1739
Section 28 (partially)30.12.20132013/3236
02.01.20172016/1201
03.06.20192019/947
24.02.20202020/155
Section 2923.02.20042004/299
Sections 30 to 3324.07.20022002/1739
Sections 34 and 3504.09.20002000/2091
Sections 36 and 3724.07.20022002/1739
Sections 38 and 3904.09.20002000/2091
Section 40 (remainder)04.09.20002000/2091
Sections 41 to 4304.12.20002000/3075
Section 45 (partially)13.04.20152015/818
Section 4607.10.20042004/2428
Section 4724.07.20022002/1739
Section 48 (partially)07.10.20042004/2428
13.04.20152015/818
Section 49 (partially)07.10.20042004/2428
13.04.20152015/818
Sections 50 to 52 (partially)13.04.20152015/818
Sections 53 to 5724.07.20022002/1739
Section 58 (remainder)01.04.20032003/707
Sections 59 and 6014.04.20002000/1034
Section 61(2) (remainder)06.12.20062006/2885
Section 67(1) (partially) and Schedule 4 (partially)14.04.20002000/1034
26.06.20002000/1587
24.07.20022002/1739
Section 67(2) and Schedule 501.01.20001999/3427
Section 67(3) (partially) and Schedule 6 (partially)01.04.20001999/3427
14.04.20002000/1034
04.09.20002000/2091
04.12.20002000/3075
24.07.20022002/1739
07.10.20042004/2428
06.12.20062006/2885
Section 67(4) (partially) and Schedule 7 (partially)04.12.20002000/3075
24.07.20022002/1739
01.04.20032003/707
07.10.20042004/2428
Schedule 2 (partially)07.10.20042004/2428
13.04.20152015/818
Schedule 314.04.20002000/1034
Schedule 7 (partially)26.06.20002000/1587
04.09.20002000/2091
13.04.20152015/818
(1)

1999 c. 23; section 64(4) was amended by paragraph 1, Part 1 of Schedule 12 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

(2)

Amended by paragraph 384(c) of Schedule 8 to the Courts Act 2003 (c. 39).

(3)

Amended by section 98(2) of the Coroners and Justice Act 2009 (c. 25).