The Criminal Evidence (Northern Ireland) Order 1999

Interpretation N.I.

2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “accused”, in relation to any criminal proceedings, means any person charged with an offence to which the proceedings relate (whether or not he has been convicted);

• “the complainant”, in relation to any offence (or alleged offence), means a person against or in relation to whom the offence was (or is alleged to have been) committed;

• “judge” includes, in relation to a magistrates' court, the resident magistrateF1 . . . [F2 and (in the case of a youth court) any lay magistrate];

• “picture” includes a likeness however produced;

• “the prosecutor” means any person acting as prosecutor, whether an individual or body;

• “rules of court” means Crown Court rules, magistrates' courts rules, county court rules or rules made under section 55 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978;

• “video recording” means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track;

• “witness”, in relation to any criminal proceedings, means any person called, or proposed to be called, to give evidence in the proceedings.

(3) Nothing in this Order shall affect any power of a court to exclude evidence at its discretion (whether by preventing questions being put or otherwise) which is exercisable apart from this Order.

F1 2002 c. 26

F2 Art. 2(2): words added (2.2.2009) in the definition of "judge" by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 82(3); S.R. 2008/472, art. 2(4), Sch. Pt. IV