- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
10.—(1) For the purposes of this Article—
(a)a witness in criminal proceedings (other than the accused) is a “qualifying witness” if he—
(i)is not an eligible witness at the time of the hearing (as defined by Article 4(3)), but
(ii)was under the age of 17 when a relevant recording was made;
(b)a qualifying witness is “in need of special protection” if the offence (or any of the offences) to which the proceedings relate is—
(i)an offence falling within Article 23(3)(a) (sexual offences), or
(ii)an offence falling within Article 23(3)(b), (c) or (d) (kidnapping, assaults etc.); and
(c)a “relevant recording”, in relation to a witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness.
(2) Paragraphs (2) to (7) of Article 9 shall apply as follows in relation to a qualifying witness—
(a)paragraphs (2) to (4), so far as relating to the giving of a direction complying with the requirement contained in paragraph (3)(a), shall apply to a qualifying witness in respect of the relevant recording as they apply to a child witness (within the meaning of that Article);
(b)paragraph (5), so far as relating to the giving of such a direction, shall apply to a qualifying witness in need of special protection as it applies to a child witness in need of special protection (within the meaning of that Article); and
(c)paragraphs (6) and (7) shall apply to a qualifying witness in need of special protection by virtue of paragraph (1)(b)(i) as they apply to such a child witness as is mentioned in paragraph (6).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: