PART IIIPROTECTION OF WITNESSES FROM CROSS-EXAMINATION BY ACCUSED IN PERSON
General prohibitions
Child complainants and other child witnesses23
1
No person charged with an offence to which this Article applies may in any criminal proceedings cross-examine in person a protected witness, either—
a
in connection with that offence, or
b
in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.
2
For the purposes of paragraph (1) a “protected witness” is a witness who—
a
either is the complainant or is alleged to have been a witness to the commission of the offence to which this Article applies, and
b
either is a child or falls to be cross-examined after giving evidence in chief (whether wholly or in part)—
i
by means of a video recording made (for the purposes of Article 15) at a time when the witness was a child, or
ii
in any other way at any such time.
3
The offences to which this Article applies are—
a
a sexual offence within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998;
b
a violent offence within the meaning of that Order;
c
kidnapping, false imprisonment, or an offence underF1 Article 3 or 4 of the Child Abduction (Northern Ireland) Order 1985;;
d
any offence (not within any of the preceding sub-paragraphs) which involves an assault on, or injury or a threat of injury to, any person.
4
In this Article “child” means—
b
where the offence falls within paragraph (3)(b), (c) or (d), a person under the age of 14.
5
For the purposes of this Article “witness” includes a witness who is charged with an offence in the proceedings.