PART IVCRIMINAL PROCEEDINGS
Evidence of child in committal proceedings for violent or sexual offence23
1
In any proceedings before a magistrates' court conducting a preliminary investigation into a violent or sexual offence—
a
a child shall not be called as a witness for the prosecution; but
b
any statement made by or taken from a child shall be admissible in evidence of any matter of which his oral testimony would be admissible,
except in a case where the application of this paragraph is excluded under paragraph (3).
2
In this Article—
a
“child”, in relation to a violent offence, means a child under the age of 14; and
b
any reference to a violent or sexual offence includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, a violent or sexual offence.
3
Paragraph (1) does not apply—
a
where the prosecution requires the attendance of a child for the purpose of establishing the identity of any person; or
b
where the court is satisfied that it has not been possible to obtain from the child a statement that may be given in evidence under this Article; or
c
where the investigation into the offence takes place after the court has discontinued to try it summarily and the child has given evidence in the summary trial.
4
Where in the course of a preliminary investigation into a violent or sexual offence, a resident magistrate decides under Article 45 of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981 to deal with the offence summarily, a statement admitted in pursuance of this Article shall not be deemed to be evidence of the matters to which it relates.
5
Nothing in Article 33 of the Magistrates' Courts (Northern Ireland) Order 1981 shall apply to a statement to which this Article applies.