- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (07/03/2016)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 03/04/2017
Point in time view as at 07/03/2016. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Justice Act (Northern Ireland) 2011, Section 12.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
12—(1) After Article 21B of the Criminal Evidence (Northern Ireland) Order 1999 (NI 8) insert—
21BA—(1) This Article applies to any proceedings (whether in a magistrates' court or before the Crown Court) against a person for an offence.
(2) [F1Subject to paragraph (2A),]the court may, on the application of the accused, give a direction under paragraph (3) if it is satisfied—
(a)that the condition in paragraph (5) is or, as the case may be, the conditions in paragraph (6) are met in relation to the accused; and
(b)that giving the direction is necessary in order to ensure that the accused receives a fair trial.
[F1(2A) A court may not give a direction under paragraph (3) unless—
(a)the court has been notified by the Department of Justice that arrangements for implementing such a direction have been made in relation to that court; and
(b)the notice has not been withdrawn.
(2B) The withdrawal of a notice given to a court under paragraph (2A) does not affect the operation of any direction under paragraph (3) given by that court before the notice is withdrawn.]
(3) A direction under this paragraph is a direction that provides for any examination of the accused to be conducted through an interpreter or other person approved by the court for the purposes of this Article (“an intermediary”).
(4) The function of an intermediary is to communicate—
(a)to the accused, questions put to the accused, and
(b)to any person asking such questions, the answers given by the accused in reply to them,
and to explain such questions or answers so far as necessary to enable them to be understood by the accused or the person in question.
(5) Where the accused is aged under 18 when the application is made the condition is that the accused's ability to participate effectively in the proceedings as a witness giving oral evidence in court is compromised by the accused's level of intellectual ability or social functioning.
(6) Where the accused has attained the age of 18 when the application is made the conditions are that—
(a)the accused suffers from a mental disorder (within the meaning of the Mental Health (Northern Ireland) Order 1986) or otherwise has a significant impairment of intelligence and social functioning; and
(b)the accused is for that reason unable to participate effectively in the proceedings as a witness giving oral evidence in court.
(7) Any examination of the accused in pursuance of a direction under paragraph (3) must take place in the presence of such persons as rules of court or the direction may provide and in circumstances in which—
(a)the judge and legal representatives acting in the proceedings are able to see and hear the examination of the accused and to communicate with the intermediary;
(b)the jury (if there is one) are able to see and hear the examination of the accused; and
(c)where there are two or more accused in the proceedings, each of the other accused is able to see and hear the examination of the accused.
For the purposes of this paragraph any impairment of eyesight or hearing is to be disregarded.
(8) Where two or more legal representatives are acting for a party to the proceedings, paragraph (7)(a) is to be regarded as satisfied in relation to those representatives if at all material times it is satisfied in relation to at least one of them.
(9) A person may not act as an intermediary in a particular case except after making a declaration, in such form as may be prescribed by rules of court, that the person will faithfully perform the function of an intermediary.
(10) Article 3 of the Perjury (Northern Ireland) Order 1979 (perjury) applies in relation to a person acting as an intermediary as it applies in relation to a person lawfully sworn as an interpreter in a judicial proceeding.
21BB—(1) The court may discharge a direction given under Article 21BA(3) at any time before or during the proceedings to which it applies if it appears to the court that the direction is no longer necessary in order to ensure that the accused receives a fair trial (but this does not affect the power to give a further direction under Article 21BA(3) in relation to the accused).
(2) The court may vary (or further vary) a direction given under Article 21BA(3) at any time before or during the proceedings to which it applies if it appears to the court that it is necessary for the direction to be varied in order to ensure that the accused receives a fair trial.
(3) The court may exercise the power in paragraph (1) or (2) of its own motion or on an application by a party.
(4) The court must state in open court its reasons for—
(a)giving, varying or discharging a direction under Article 21BA(3), or
(b)refusing an application for, or for the variation or discharge of, a direction under Article 21BA(3),
and, if it is a magistrates' court, it must cause those reasons to be entered in the Order Book.”.
(2) In the heading of Part 2A of that Order after “LIVE LINK” insert “ AND INTERMEDIARY ”.
Textual Amendments
F1Words in s. 12(1) inserted (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 11(2)(3), 15(1)
Commencement Information
I1S. 12 in operation at 10.5.2013 for specified purposes by S.R. 2013/125, art. 2
I2S. 12 in operation at 11.11.2013 for specified purposes by S.R. 2013/252, art. 2
I3S. 12 in operation at 1.4.2015 for specified purposes by S.R. 2015/158, art. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys