Youth Justice and Criminal Evidence Act 1999 (c. 23)

Part II U.K. Giving of evidence or information for purposes of criminal proceedings

Chapter III E+W Protection of complainants in proceedings for sexual offences

Modifications etc. (not altering text)

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

43 Procedure on applications under section 41. E+W

(1) An application for leave shall be heard in private and in the absence of the complainant.

• In this section “leave” means leave under section 41.

(2) Where such an application has been determined, the court must state in open court (but in the absence of the jury, if there is one)—

(a) its reasons for giving, or refusing, leave, and

(b) if it gives leave, the extent to which evidence may be adduced or questions asked in pursuance of the leave,

and, if it is a magistrates’ court, must cause those matters to be entered in the register of its proceedings.

(3) [F1 Criminal Procedure Rules] may make provision—

(a) requiring applications for leave to specify, in relation to each item of evidence or question to which they relate, particulars of the grounds on which it is asserted that leave should be given by virtue of subsection (3) or (5) of section 41;

(b) enabling the court to request a party to the proceedings to provide the court with information which it considers would assist it in determining an application for leave;

(c) for the manner in which confidential or sensitive information is to be treated in connection with such an application, and in particular as to its being disclosed to, or withheld from, parties to the proceedings.

Textual Amendments

F1 Words in s. 43(3) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 384(g); S.I. 2004/2066, art. 2(c)(xix) (with art. 3)

Modifications etc. (not altering text)

C2 S. 43 applied (with modifications) (6.12.2006) by The Youth Justice and Criminal Evidence Act 1999 (Application to Standing Civilian Courts) Order 2006 (S.I. 2006/2888), art. 1(1), Sch. 1 (with art. 3)

C3 S. 43 applied (with modifications) (6.12.2006) by The Youth Justice and Criminal Evidence Act 1999 (Application to the Courts-Martial Appeal Court) Order 2006 (S.I. 2006/2887), art. 1(1), Sch. (with art. 3)

C4 S. 43 applied (with modifications) (6.12.2006) by The Youth Justice and Criminal Evidence Act 1999 (Application to Courts-Martial) Order 2006 (S.I. 2006/2886), art. 1(1), Sch. 1 (with art. 3)

Commencement Information

I1 S. 43 wholly in force at 4.12.2000; Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4); s. 43 in force at 4.12.2000 in so far as not already in force by S.I. 2000/3075, art. 2(a)